UC-NRLF 


III 


^^ffi^■^^--        •^;^-/T^'- 


C8* 


•30 


LIBRARY 


UNIVERSITY   OF   CALIFORNIA. 

GIFT  OK^ 


Received^ 


^ 


.'.^...-i88^ 


Accessions  No 


4, 
08- 


X^bSO^        Shelf  No. 


H 


DOCUMENTS 
OEPT. 


T  H  E 


CONSTITUTION 


0  F     :\n  K 


STATE  OF  ARKANSAS. 

P'RAMED     and      AdOPXKD     «Y      TIUJ    t_'oX\  K.NTION     WHICH     ASSEMBLED     AT 

Little  Kock,  July  14tji,   ;.S7'1,  a>'   nHatuied 
BY   THE    PEOPLE    OF    THE   STATE, 

At  the  Election  hkljj  Oct.  13th,  1874. 

MARGINAL    NOTES, 

A^  Documentary  History  of  tlie  Constitution, 

And    a  Copious    Index,     * 

IN   THE    NATO RE    OF 

A.     DiaEST. 


By  JAMES  M.  POMKltOV. 

OK  THS:   BAK  'II'    MITL,.   ROCK. 


p.  A.  LADUE.  Printer. 

LITTLE    ROCK,  ARK. 

1876. 


v^ 


otv^- 


OFFICE  OF  SECRETARY  OF  STATE,  "^ 

Little  Rock,  Arkansas.  ) 

I,  B.  B.  Beavers,  Secretary  of  State  of  Arkansas,  do  hereby  certify  that  the 
annexed  is  a  true,  complete,  and  full  copy  of  the  Constitution  of  the  State  of 
Arkansas,  framed  by  the  Constitutional  Convention  of  the  people  of  said  State, 
and  adopted  by  the  said  Convention  on  the  seventh  day  of  September,  in  the 
year  of  our  Lord  one  thousand  eight  hundred  and  seventy-four;  as  appears  by 
comparing  the  same  with  the  original  roll  of  said  Constitution  now  on  file  in 
this  office. 

^ — ■-'' s         In   Testimony    Whereof,   /  have  hereunto  set  mij  hand  and 

J        (  (Mxcd  my  official  sad,   at  Little   Rock,  this  ninth    day  of 

^.  OF  THK  >  •'  ./         I  --        • 

y  SKCRKTAKY  }^  Jiiiie,  A.  D.   eighteen   hundred  and  seventy-six! 

{.:::::: 4         :^>^^    b.b.  beavers. 


/^ 


"""  '  Secretary  of  State. 


PREFACE 


This  edition  of  the  Constitution  of  Arkansas  has  been  prepared  in  pursuance 
of  the  provisions  of  an  act  of  General  Assembly,  approved  December  15th,  1874, 
entitled  "  An  Act  to  provide  for  the  Publication  of  the  Organic  Law  of  the  State." 

The  text  is  an  exact  copy  of  the  original,  on  file  in  the  office  of  the  Secretary 
of  State ;  the  punctuation,  orthography,  etc.,  having  been  implicitly  follovi^ed  in 
the  minutest  particular.  A  few  clerical  errors  occur  in  the  engrossed  document. 
In  some  such  instances,  superfluous  letters  or  words  have  been  enclosedin  brack- 
ets, an  omission,  or  other  accidental  error  of  orthography,  corrected  in  parenthe- 
•sis,  by  the  Editor. 

The  Index  appended  has  been  made  so  full  as  to  approach  the  character  of  a 
concordance;  every  important  word  being  noted,  and  the  same  matter  indexed 
under  several  heads.  As  a  rule,  the  text  has  been  more  or  less  fully  digested, 
under  the  appropriate  principal  headings.  (See,  for  example,  under  "  General 
Assembly.")  Under  the  subordinate  headings,  and  in  other  instances,  mere 
reference  to  article  and  section  has  been  given ;  the  sole. aim  of  the  Editor  hav- 
ing been  to  subserve  the  purposes  of  practical  convenience. 

J.  M.  P. 

lAttle  Rock,  May  l^Y,  1876. 


Digitized  by  the  Internet  Archive 

in  2008  with  funding  from 

IVIicrosoft  Corporation 


http://www.archive.org/details/constitutionofstOOarkarich 


CONTENTS  OF  THE  VOLUME. 


PAGE 


Certtficate  of  Secretary  of  State  to  cop}'  of  Constitution,       ...  ii 

Preface, ill 

Table  of  Contents  of  the  Volume,  .......  v 

Documents,  etc.,  Illustrating  the  History  of  the  Constitution  of 

Arkansas. 

List  of  Members  of  the  Arkansas  Constitutional  Convention  of  1874,  .  ix 

List  of  Officers  of  the  Convention, ■  .         .  xi 

Act  of  General  Assembly,  approved  May  18th,  1874,  providing  for  a 
Convention  of  the  People  of  the  State  of  Arkansas,  to  frame  a  New 
Constitution, xiii 

Act  of  General  Assembly,  approved  May  28th,  1874,  Supplementary 
to  and  Amendatory  of  the  Act  providing  for  Convention  to  frame 
New  Constitution, xv 

Proclamation  by  the  Governor,  giving  notice  of  election  to  determine 
the  question  of  holding  a  convention  for  the  purpose  of  framing  a 
new  constitution,  and  of  electing  delegates  to  compose  such  conven- 
tion, if  called, ,        .        .        .        .        xvii 

Return,  to  the  Delegates  elect  to  the  Constitutional  Convention,  of  the 
State  Board  of  Election  Supervisors  appointed  under  Act  of 
General  Assembly,  approved  May  18th,  1874, xviii 

Abstract  of  votes  cast  at  the  general  election  held  June  30th,  1874, 

"  for  "  and  "  against "  the  call  of  a  constitutional  convention,  .        .  xx 

Address,  to  the  People  of  the  State,  prepared  by  order  of  the  Consti- 
tutional Convention,  xxi 

Proclamation,  by  the  State  Board  of  Election  Supervisors  appointed 
by  the  Schedule  to  the  Constitution,  announcing  the  adoption  of  the 
Constitution, xxiii 

[With  the  above ,  Abstract  of  Votes  cast  at  the  general  election  held 
Oct.'13th,  1874,  '-for  "  and  " against "  the  adoption  of  the  Constitu- 
tion,]        xxiii 

(V) 


CONTENTS  OF  THE  VOLUME. 


Syllabus  TO  Constitution,        .        .        " xxvii 

CONSTITUTION  OF   ARKANSAS, xxxiii 

Analytical  Index  to  Constitution, cv 

[Table  showing  Apportionment  of  Counties  to  Senatorial  Districts,  ^  At 


lose 


as  prescribed  until  after  the  U.  S.  Census  of  1880,  I    ch 

Table  showing  Apportionment  of  Counties  to  Judicial  Circuits,  as  i       of 
prescribed  until  otherwise  provided  by  General  Assernbl}^]  j   Index. 


DOCUMENTS,   ETC., 


II-LUSTUATl.NG     THK 


HISTORY    OF     THE 


CONSTITUTION  OF  ARKANSAS. 


MEMBERS 


H._ 


Arkansas  Constitutional  Convention  of  1874. 


Arkansas  County. 
JAMES  A.  GIBSON, 


Conway  County. 
WILLIAM  S.  HANNA. 


Ashley  County. 
MAKCUS  L.  HAWKINS. 


Craighead  County. 
JOHN  S.  ANDERSON.  " 


Baxter  County. 
JOHN  W.  CYPERT. 


Crawford  County. 
HUGH  P.  THOMASON. 


Benton  Cmmty 
HORACE  H.  PATTERSON, 
A.  M.  RODGERS. 

Boone  County. 
WILLIAM  W.  BAILY. 

Bradley  County. 
JOHN  R.  HAMPTON. 

Calhoun    County. 
BENJAMIN  W.  JOHNSON. 

Carroll  County. 
BRADLEY  BUNCH. 

Chicot  County. 
F.   DOWNS. 

Clark  County. 
HARRIS  PLANAGIN,* 
JESSE  A.  ROSS. 

Clayton  County. 
E.  POSTER  BROWN. 

Columbia   County. 
GEORGE  P.  SMOOTE, 
DAWSON  L.  KILLGORE. 


Crittenden  County. 
W.  L.  COPELAND. 

Cross  County. 
J.  G.  PRIERSON. 

Dallas  County. 
W.  D.  LEIPER. 

Desha  County. 
[X.  J.  PINDALL.t] 
J.  PENNOYER  JONES.t 

Dorsey  Connty. 
JOHN  NIVEN. 

Drew  Ccmnty. 
JAMES  P.  STANLEY. 

Faulkner   County. 
JOHN  DUNAWAY. 

Franklin  County. 
WILLIAM  W.  MANSPIELD. 

Fulton  County. 
EDWIN  R.  LUCAS. 

Oarland  County. 
HENRY  M.  RECTOR. 


*  Died  during  the  second  session  of  the  Convention,  Oct.  22d,  1874. 

t  Resigned,  July  20th,  1874. 

X  Admitted  July  21st,  1874,  upon  contest  for  the  seat  oriicinallv  occupied  by  X.  J.  Pindall. 

b  ^       "  (ix) 


MEMBERS  OF  THE  CONVENTION. 


Chant  County. 
DAVIDSON  O.  D.  CUNNINGHAM. 

Greene  County. 
BENJAMIN  H.  CROWLY. 

Hempstead  County. 
GRANDISON  D.  ROYSTON, 
JOHN^R  EAKIN. 

Hot  Spring  County. 
W.  C.  KELLY. 

Howard  Cotinty. 
JACOB  CUSTER. 

Independence  County. 
JAMES  W.  BUTLER, 
JAMES  RUTHERFORD. 

Izard  County. 
RANSOM  GULLEY. 

Jackson  County. 
FRANKLIN  DOSWELL. 

Jefferson  County. 
JOHN  A.  WILLIAMS, 
WILLIAM  MURPHY, 
CYRUS  BERRY. 

Johnson   County. 
SETH  J.  HOWELL. 

Lafayette  County. 
VOLNEY  V.  SMITH. 

Lawreiice  County. 
PHILIP  K.  LESTER. 

Lee  County. 
MONROE  ANDERSON. 

Little  River  County. 
JAMES  H.  WILLIAMS. 

lAncoln  County. 
REASON  G.  PUNTNEY. 

Lonoke  County. 
JAMES  P.  EAGLE. 


Madison  County. 
JOHN  CARROLL. 

Marion  County. 
ROBERSON  J.  PEIRCE. 

Mississippi    County. 
CHARLES  BOWEN. 

Monroe  Cotmiy. 
SIMON  P.  HUGHES. 

Montgomery  County. 
NICHOLAS  W.  CABLE. 

Nevada  County. 
RUFUS  K.  GARLAND. 

Neivton  County. 
GEORGE  H.  S.  DODSON. 

Ouachita   County. 
ELIJAH  MOSELY, 
HENRY  G.  BUNN. 

Perry  County. 
W.  H.  BLACKWELL. 

Phillips  County, 
JOHN  J.  HORNOR, 
JAMES  T.  WHITE, 
ROBERT  POLK. 

Pike  County. 
HENRY  W.  CARTER. 

Poinsett  (Jounty. 
RODERICK  JOYNER. 

Polk  County. 
STEPHEN  C.  BATES. 

Pope  County. 
JOHN  R.  HOMER  SCOTT. 

Prairie  County. 
DAVID  F.  REINHARDT. 

Pulaski  County. 
JAMES  F.  PAGAN,* 
GEORGE  N.  PERKINS, 
JESSE  BUTLER, 
SIDNEY  M.  BARNES, 
DAN.  O'SULLIVAN.t 


*  Resigned  without  taking  his  seat  in  the  Convention, 

t  Chosen  at  special  election  held  July  27th,  1874,  to  fill  the  vacancy  occasioned  by  the  resig- 
nation of  James  F.  Fagan. 


MEMBERS  AND  OFFICERS  OF  CONVENTION. 


Randolph  County. 
JOHN  MILLER,  Jr. 

St.  Francis  County. 
JOHN  M.  PARROTT. 

Saline  County. 
JABEZ  M.  SMITH. 

Sai'ber  County. 
BEN.  B.  CHISM. 

Scott  County. 
J.  W.  SORRELS. 

Searcy  County. 
WILLIAM  S.  LINDSEY. 

Sebastian  County. 
R    P.  PULLIAM, 
WILLIAM  M.  PISHBACK. 

Sevier   County. 
B.  H.  KINSWORTHY. 

Sharp  County. 
LEWIS  WILLIAMS. 


Stone  County, 
WALTER  J.  OAGLE. 

Union   County. 
HORATIO  G.  P.  WILLIAMS, 
ROBERT  GOODWIN. 

Van  Buren  County. 
ALLEN  R.  WITT. 

Washington  County. 
BENJAMIN  F.  WALKER, 
M.  F.  LAKE, 
T.  W.  THOMASON. 

White  County. 
JESSE  N.  CYPERT, 
JOSEPH  W.    HOUSE. 

Woodruff  County. 
WILLIAM  J.  THOMPSON. 

Veil   County. 
JOSEPH  T.  HARRISON. 


Officers  of  the  Convention. 


IN.  B.  Pkarce,  of  Benton  County 
R.  G.  Woods,  of  Phillips  County. 
Charles  C.  Reed,  Jr.,  of  Conwi 


President, GRANDISON  D.  ROYSTON,  of  Hemp.stmd  County. 

Secretary, Thomas  W.  Newton,  of  Pulaski  County. 

N.  B.  Pearce,  of  Benton  County. 

~  '  " ty. 

I  way  County. 

Rev.  W.  W.  Keep,  of  Pulaski  County. 

Thomas  L.  Hill,  of  Conway  County. 

Sanford  C.  Faulkner,*  of  Pulaski  County. 

Saneord  C.  Faulkner,  jR.^t  of  Pulaski  County. 

Assistant  Doorkeeper,  .  Benjamin  McGuire,  of  Jefferson  County. 

*  Died  Aug.  4tl),  1874. 

t  Elected  Aug.  6th,  1874,  to  till  the  vacancy  occasioned  by  the  death  of  S.  C.  Faulkner. 


Chaplain,  .  .  . 
Sergeant-at'Arms, 
Dooorkeeper,    .     . 


ACTS  OF  GENERAL  ASSEMBLY, 


PROVIDING    FOR    CONVENTION   TO    FRAME   NEW    CONSTITUTION. 


Jk-lsT  JLCT 


fuSriVERSITY] 


Providing  fop  a  Convention  of  the  People  of  the  State  of  Arkansas  to 
Frame  a  New  Constitution. 

Whereas,  it  is  manifest  that  there  are  many  defects  and  objectionable  pro- 
visions in  the  present  Constitution  of  the  State,  and  that  it  is  not  satisfactory  to 
the  people  thereof ;  therefore 

Be  it  enacted  by  the  General  Assembly  of  the  State  of  Arkansas,  convened  in  extra- 
ordinary session,  as  follows: 

Section  1.  That  a  Convention  of  the  people  of  the  State  is  called,  to 
assemble  at  Little  Rock,  the  capital  of  the  State,  on  Tuesday,  the  14th  day  of 
July,  1874,  for  the  purpose  of  framing  a  new  Constitution,  and  providing  for 
putting  the  same  into  force. 

Sec.  2.  That  the  Delegates  to  said  Convention  shall  be  chosen  by  the 
qualified  electors  of  each  County  of  the  State,  in  the  manner  hereinafter  provided, 
and  shall  possess  the  same  qualifications  as  are  provided  for  a  member  of  the 
House  of  Representatives. 

Sec.  3.  Each  County  in  the  State,  as  now  organized,  shall  be  entitled  to 
one  Delegate  to  said  Convention,  and  the  following  Counties  shall  be  entitled  to 
the  additional  Delegates  herein  mentioned,  to-wit:  The  County  of  Washington 
shall  be  entitled  to  two  additional  Delegates,  Benton  one,  Clark  one,  Hempstead 
one.  Independence  one,  Jefferson  two,  Ouachita  one,  Phillips  two,  Pulaski  three 
Sebastian  one,  Union  one.  White  one,  Columbia  one. 

Sec  4.  An  election  shall  be  held  at  the  several  election  precints  of  every 
County  in  the  State,  on  Tuesday,  the  30th  day  of  June,  A.  D.  1874,  for  the  pur- 
pose of  electing  Delegates  to  said  Convention. 

Sec.  5.  Said  election  shall  be  conducted  in  accordance  with  existing  laws, 
except  as  herein  otherwise  provided. 

Sec  6.  There  shall  be  elected,  by  the  joint  vote  of  the  Senate  and  House 
of  Representatives,  a  State  Board  of  Supervisors  of  said  election,  to  consist  of 
three  men  of  known  intelligence  and  uprightness,  who  shall  take  an  oath  faith- 

(xiii) 


DOCUMENTARY  HISTORY  OF  THE  CONSTITUTION. 


fully  and  impartially  to  discharge  the  duties  of  their  office,  a  majority  of  whom 
shall  constitute  a  quorum,  and  who  shall  perform  the  duties  herein  assigned 
them. 

Sec.  7.  Said  State  Board  shall  at  once  proceed  to  appoint  a  Board  of  County 
Election  Supervisors  for  each  County  of  the  State,  consisting  of  three  men  of  known 
intelligence  and  uprightness  of  character,  who  shall  take  the  same  oath  as  above 
provided  for  the  State  Board ;  a  majority  of  each  Board  shall  constitute  a 
quorum,  and  shall  perform  the  duties  herein  assigned  them. 

Sec.  8.  The  Board  of  County  Election  Supervisors  shall  at  once  proceed  to 
appoint  three  judges  of  election  for  each  election  precinct  in  their  respective 
Counties,  and  the  judges  shall  appoint  three  election  clerks  for  their  respective 
precincts,  all  of  whom  shall  be  good,  competent  men,  and  take  an  oath  as  above 
prescribed. 

Sec.  9.  The  State  Board  shall  prescribe  the  form  of  poll-books,  and  each 
County  Board  shall  furnish  the  judges  of  each  election  precinct  with  three 
copies  of  the  poll-books,  in  the  form  so  prescribed,  at  the  expense  of  the  County, 

Sec  10.  Should  the  judges  of  any  election  precinct  fail  to  attend  at  the 
time  and  place  provided  by  law,  or  refuse  to  act,  the  assembled  electors  shall 
choose  competent  persons,  in  the  manner  provided  by  law,  to  act  in  their  place, 
who  shall  be  sworn  as  above. 

Sec.  11.  As  the  electors  present  themselves  at  the  polls  to  vote,  the  judges 
shall  pass  upon  their  qualifications,  whereupon  the  clerks  of  election  shall 
register  their  names  on  the  poll-books,  if  qualified,  and  such  registration  by 
said  clerks  shall  be  a  sufficient  registration  in  conformity  to  the  Constitution  of 
of  this  State,  and  then  their  votes  shall  be  taken:  Provided,  No  person  shall  vote 
outside  or  elsewhere  than  in  the  township,  ward  or  precinct  in  which  he  resides. 
The  electors  shall  be  numbered,  and  the  number  of  each  elector  marked  on  his 
ballot  by  one  of  the  judges,  when  deposited. 

Sec.  12.  After  the  ballots  are  counted  by  the  judges,  and  the  result  certified 
on  the  poll-books  by  them,  the  poll-books  and  the  ballots,  sealed  up,  shall  be  re- 
turned to  the  County  Board  of  Election  Supervisors,  who  shall  proceed  to  cast  up 
the  votes,  ascertain  the  result,  and  furnish  the  persons  elected  as  Delegates  to  the 
Convention  with  certificates  of  election.  Each  County  Board  shall  return  to  the 
State  Board  the  name  or  names  of  the  Delegates  elected  ;  and  a  full  list  of  the 
Delegates  shall  be  laid  before  the  Convention,  on  the  day  it  assembles,  by  the 
State  Board. 

Sec  13.  Each  County  Board  shall  also  return  to  the  State  Board  the  names 
of  all  persons  voted  for,  with  the  number  of  votes  received  by  each. 

Sec.  14.  If  there  is  a  failure  to  hold  an  election  in  any  County,  or  a  vacancy 
occurs  in  the  office  of  Delegate,  the  President  of  the  Convention  may  order  an 
election  in  such  County  forthwith,  to  elect  a  Delegate  or  Delegates  to  fill  such 
vacancy  or  vacancies. 

Sec.  15.  If  a  majority  of  the  Delegates  elected  to  the  Convention  are  not 
present  on  the  day  fixed  for  it  to  meet,  the  members  i)resent  may  adjourn  from 
day  to  day  until  a  majority  is  present,  and  then  proceed  to  be  organized. 

Skc.  16.  The  Delegates  and  officers  of  the  Convention  shall  take  an  oath  to 
support  the  Constitution  of  the  United  States. 


ACTS  OF  GENERAL  ASSEMBLY. 


Sec.  17.  Any  election  officer,  elected  or  appointed  under  the  provisions  of 
this  Act,  who  shall  fraudulently  and  corruptly  register,  cast  up  or  make  a  false 
return  of  said  election,  shall  be  deemed  guilty  of  a  felony,  and  on  conviction 
thereof  shall  be  imprisoned  in  the  jail  and  penitentiary  house  not  less  than  five 
nor  more  than  ten  years.  And  any  person  who  shall  vote  more  than  once,  or 
bribe  any  person  to  vote  contrary  to  his  wishes,  or  intimidate  or  prevent  any 
elector  by  threats  or  promises  from  voting,  shall  be  guilty  of  a  felony,  and,  upon 
conviction  thereoi,  shall  be  imprisoned  in  the  jail  and  penitentiary  house  not 
less  than  one  year  or  more  than  five  years,  and  the  Judges  of  the  several  Circuit 
and  Criminal  Courts  of  this  State  shall  give  this  section  specially  in  charge  to  the 
grand  jurors  of  their  respective  jurisdictions. 

Sec.  18.  The  Convention  shall  have  power  to  determine  the  election,  qualifi- 
cations and  returns  of  its  members. 

Seo.  19.  A  sufficient  amount  of  money  is  hereby  appropriated  out  of  the 
State  Treasury  to  pay  the  necessary  expenses  of  said  Convention,  should  one  be 
held. 

Sec.  20.  That  at  said  election  the  electors  shall  have  written  or  printed  on 
their  ballots,  in  addition  to  the  name  or  names  voted  for  as  Delegate  or  Dele- 
gates, "  For  Convention,"  or  "  Against  Convention,"  and  said  returning  officers 
shall  certify  the  vote  for  and  against  Conyention  in  the  same  manner  that  the 
vote  for  Delegates  is  required  to  be  certified;  and  if  a  majority  voting  for  a  Con- 
vention, said  Convention  shall  be  held  at  the  time  herein  specified,  and 
the  Delegates  to  said  Convention  shall  receive  the  same  mileage  and  per  diem 
as  is  now  received  by  the  members  of  the  General  Assembly. 

Sec.  21.  The  Governor  shall  immediately  issue  his  proclamation  for  an  elec- 
tion under  the  provisions  of  this  Act. 

Sec.  22.  That  all  Acts  and  parts  of  Acts  in  conflict  with  this  Act  be,  and  the 
same  are  hereby,  repealed,  and  this  act  shall  take  effect  and  be  in  force  from  and 
after  its  passage. 

Approved  May  18,  1874. 


Supplementary  to  and  Amendatory  op  an  Act  entitled  an  Act  Providing 
FOR  A  Convention  of  the  People  of  the  State  of  Arkansas,  to  frame  a 
New  Constitution,  May,  1874. 

Be  it  enacted  by  the  General  Assembly  of  the  State  of  Arkansas  : 

Section  1.  That  all  Judges  of  this  State  are  prohibited  from  issuing  any 
writ  of  process  whatever,  or  taking  any  action,  or  assuming  any  jurisdiction  in 
or  about,  or  in  connection  with  the  election  provided  for  in  the  Act  to  which  this 
is  supplementary  and  amendatory,  except  in  so  far  as  may  be  necessary  for  the 
preservation  of  peace  and  order,  and  to  secure  the  holding  such  election :  Pro- 
vided, however,  That  the  provisions  of  this  section  shall  not  be  construed  as  to 
amend,  or  in  any  wise  impair  the  criminal  jurisdiction  of  Criminal  and  Circuit 
Courts,  as  specified  in  the  Act  to  which  this  is  supplementary  and  amendatory. 


xvi  DOCUMENTARY  HISTORY  OP  THE  CONSTITUTION. 

Sec.  2.  In  case  of  a  vacancy  or  vacancies  occurring  in  the  Board  of  State 
Supervisors  provided  for  in  the  Act  to  which  this  is  supplementary  and  amend- 
f.tory,  the  same  shall  he  filled  at  once  by  the  remaining  Supervisor  or  Supervi- 
sors, appointing  a  person  or  persons  of  known  intelligence  and  uprightness  to 
fill  such  vacancy  or  vacancies. 

Sec.  3.  The  members  of  said  Boar.l  of  Supervisors  shall  receive  the  same 
mileage  and  per  diem  as  is  now  allowed  by  law  to  the  members  of  the  General 
Assembly,  to  be  paid  out  of  any  moneys  in  the  treasury  of  the  State  not  other- 
wise appropriated. 

Seg.  4.  That  the  members  of  the  Board  of  Supervisors  of  the  several  coun- 
ties shall  receive  two  ($2)  dollars  each  per  day  while  actually  engaged  in  the  du- 
ties of  their  offices,  to  be  paid  out  of  any  moneys  in  the  treasuries  of  their  re- 
spective counties  not  otherwise  appropriated. 

Sec.  5.  That  all  Acts  and  parts  of  Acts  in  conflict  with  this  Act  be,  and 
the  same  are  hereby,  repealed,  and  that  this  Act  take  effect  and  be  in  force  from 
and  after  its  passage. 

Approved  May  28,  1874. 


PROCLAMATION  BY  THE  GOVERNOR. 


PROCLAMATION  BY  THE  GOVERNOR, 


GIVING  NOTICE  OF  ELECTION  TO  DETERMINE  THE  QUESTION  OF  HOLDINS 
A  CONVENTION  FOR  THE  PURPOSE  OF  FORMING  A  NEW  CONSTITU- 
TION, AND  OF  ELECTING  DELEGATES  TO  COMPOSE -SUCH  CONVENTION, 
IF  CALLED. 


The  State  of  Arkansas  to  thk  Sheriffs  of  the  several  Counties,  Greeting: 

Whereas,  by  an  act  of  the  General  Assembly  of  the  State  of  Arkansas, 
approved  May  18th,  1874,  it  is  provided  that  a  convention  of  the  people  of  the 
State  is  called  to  assemble  at  Little  Rock  on  Tuesday,  the  14th  day  of  July,  A.  D. 
1874,  for  the  purpose  of  framing  a  new  Constitution,  and  providing  for  and 
putting  the  same  in  force,  and  that  an  election  shall  be  held  at  the  several  election 
precincts  of  every  county  of  the  State,  on  Tuesday,  the  30th  day  of  June,  A.  I). 
1874,  for  the  purpose  of  electing  delegates  to  said  convention : 

Now,  THEREFORE,  I,  Elisha  Baxter,  Governor  of  the  State  of  Arkansas,  do 
hereby  proclaim  that  on  Tuesday,  the  30th  day  of  June,  A.  D.  1874,  an  election 
by  the  qualified  electors  of  the  State  of  Arkansas,  in  accordance  with  said  Act, 
will  be  held  at  the  several  election  precincts  of  each  county  of  said  State,  for  the 
following  number  of  delegates  to  said  Constitutional  Convention  from  each 
county  respectively,  to-wit: 

Arkansas  one  (1),  Ashley  one  (1),  Baxter  one  (1),  Benton  two 
(2),  Boone  one  (1),  Bradley  one  (1),  Calhoun  one  (1),  Carroll  one 
(1),  Chicot  one  (Ij,  Clark  two  (2),  Clayton  one  (1),  Columbia  two 
(2),  Conway  one  (1),  Craighead  one  (1),  Crawford  one  (1),  Crittenden 
one  (1),  Cross  one  (1),  Dallas  one  (1),  Desha  one  (1),  Dorsey  one  (1),* 
Drew  one  (1),  Faulkner  one  (1),  Franklin  one  (1),  Fulton  one  (1),  Garland 
one  (1),  Grant  one  (1),  Greene  one  (1),  Hempstead  two  (2),  Hot  Spring  one  (1), 
Howard  one  (1),  Independence  two  (2),  Izard  one  (1),  Jackson  one  (1),  Jefferson 
three  (3),  Johnson  one  (1),  Lafayette  one  (1),  Lawrence  one  (1),  Lee  one  (1), 
Lincoln  one  (1),  Little  River  one  (1),  Lonoke  one  (1),  Madison  one  (1),  Marion 
one  (1),  Mississippi  one  (1),  Monroe  one  (1),  Montgomery  one  (1),  Nevada 
one  (1),  Newton  one  (1),  Ouachita  two  (2),  Perry  one  (1),  Phillips  three  (3j, 
Pike  one  (1),  Poinsett  one  (1),  Polk  one  (1),  Pope  one  (1),  Prairie  one  (1), 
Pulaski  four  (4),  Randolph  one  (1),  Saline  one  (1),  St.  Francis  one  (1),  Searcy 
one  (1),  Sebastian  two  (2),  Sevier  one  (1),  Scott  one  (1),  Sarber  one  (1),  Sharp 
one  (1),  Stone  one  (1),  Union  one  (1),  Van  Buren  one  (1),  Washington  one  (1), 
White  two  (2),  Woodruff  one  (1),  Yell  one  (1). 

""A  proclamation  identical  with  this,  except  that  the  clause  providinB  for  a  rote  for  or  against  the  hold- 
ing of  a  convention,  was  omitted,  had  been  issued  May  22d.— BDiTga. 


xviii         DOCUMENTARY  HISTORY  OF  THE  CONSTITUTION. 


At  said  election,  the  electors  shall  have  written  or  printed  on  their  ballots,  in 
addition  to  the  name  or  names  voted  for  as  delegates,  "  For  Convention  "  or 
"  Against  Convention." 

The  Sheriffs  of  the  several  counties  are  hereby  required  to  cause  said  elec" 
tion  to  be  conducted  according  to  law. 


In  Testimony  Whereof,  I  have  hereunto  put 
my  hand  and  caused  the  seal  of  the  State  to  be 


%  affixed,  at  the  Executive  Office,  at  the  City  of  Lit- 


*^^i:^* 


Jtle  Rock,  this  16th  dav  of  June,  A.  D.  1874. 
f  ELISHA  BAXTER, 

Governor  of  Arkansas. 
By  the  Governor: 
J.  M.  Johnson, 

Secretary   of  State. 


RETURN,  TO  THE  DELEGATES  ELECT  TO  THE 

CONSTITUTIONAL    CONVENTION, 

OF  THE    STATE  BOARD   OF  ELECTION  SUPERVISORS 

APPOINTED  UNDEK  THE  ACT  OF  GENERAL  ASSEMBLY 
APPROVED  MAY  18.  1876. 


To  THE  Honorable  the  Delegates  to  the  Constitutional  Convention  of  the 
State  of  Arkansas: 

Gentlemen  .-—We  transmit  herewith  our  report  as  the  State  Board  of  Election 
Supervisors  of  the  election  held  on  the  30th  ult.,  under  the  provisions  of  the 
Act  of  the  General  Assembly,  entitled  "  An  Act  providing  for  a  Convention  of 
the  People  of  the  State  of  Arkansas,  to  frame  a  new  Constitution,"  approved 
May  18th,  1874;  which  report  is  embraced  in  the  following-named  abstracts  and 
lists,  to-wit : 


RETURN,  TO  CONVENTION,  OF  ELECTION  SUPERVISORS,     xix 

"  A:"    List  of  County  Election  Supervisors  appointed  by  the  State  Board. 
''  B :"    Abstract,  from  official  returns,  of  votes  cast  for  Delegates  to  Consti- 
tutional Convention. 

*'C:"    List  of  Delegates  elected  to  the  Constitutional  Convention,  as  shown 
by  official  returns. 

'^  D :"    Abstract  of  votes  cast  for  and  against  Convention. 
The  official  oath  of  the  State  Supervisors,  and  the  official  oaths  and  returns 
of  the  County  Supervisors,  are  held  subject  to  the  order  of  the  Convention. 
All  of  which  is  respectfully  submitted. 

A.  H.  GARLAND, 
DUDLEY  E.  JONES, 
GORDON  N.  PEAY, 
State  Board  of  Election  Supervisors. 
[Appended  to  the  Return  are  the  exhibits  referred  to.     The  list  of  Delegates 
elect  is  published  on  p.  ix,  the  abstract  of  the  vote  for  and  against  Convention 
on  p.  XX,  of  this  volume.] 


DOCUMENTARY  HISTORY  OF  THE  CONSTITUTION. 


ABSTRACT  OF  VOTES 


CAST  AT  THE  ELECTION  HELD  ON  THE  30TH  DAY  OF  JUNE,  1874,  "FOR' 
AND  "AGAINST"  THE  CALL  OF  A  CONSTITUTIONAL  CONVENTION  FOR' 
THE  STATE  OF  ARKANSAS.* 


COUNTIES. 


Arkansas 

ASHLKY 

Bknton 

BOONK 

Beadlkt 

Baxtbb 

Calhouk 

Carboll 

Chicot 

Clakk 

Columbia 

Conway 

Crawfobo 

.Crittenden  .... 

Craighead 

Cross 

Clayton 

Dallas 

Desha 

Drew 

DORSKY 

Franklin 

Fulton 

Faulkner 

Grant 

Greene 

Howard 

Hempstead 

Hot  Spring 

Garland 

Independence. 

Izard 

Jackson 

Jkffkbson 

Johnson  

Lafayette 

Lawrence  

Little  Riveb. 
Lek 


639 
2365 
1277 
842 
535 

fil9 
1260 
1593 
12^)9 
9(>6 
1610 
1012 
540 
843 
1298I 
75' 
1(115 
1110 
748 
1155 
491 
12?;^ 
667 
921 
825 
1330 
629 
758 
1870 
745 
1372 
1116 
13961 
849 
952 


!i^ 

2 

^ 

S^- 

9 

pi' 

•   o' 

«-»■ 

:   " 

417 

578 

11     628 

7|  2358 

26    1251 

13     829 

31     504 

6     527 

8     611 

5   1255 

rG2   1031 

23   1276 

2141    752 

5:  1005 

123     889 

25     5151 

843! 

16  1282! 
20  7371 
12  10031 
117;  9931 
207  541 
1150 
491 
1199 
636 
921 
37 

^! 

1.33J  625 

18;  1852 

81  737 

42  1330 


1321 


771  1319 


1! 

2411 


COUNTIES.. 


Lonoke 1506 

Lincoln !    918 

Madison i037 

Marion ;    545 

Mississippi 602 

Monroe 1614 


Montgomery. 

Newton 

Nevada  

Ouachita 

Perry 

Phillips 

Pike 

Poinsett  

Polk 

Pope 

Prairie 

I'ULASKI 

Randolph 

St.  Francis.. 

Saline 

Scott 

Stone 

Searcy 

Sharp 

Sevier 

Sebastian 

Sarber 

Union 

Van  Buren... 
Washington 

White 

Woodruff 

Yell 


Total. 


496 
542 
935 
1010 
301 
3296 
301 
313 
432 
1047 
1103 
2673 
1179 
1412 
874 
1058 
432 
407 
819 
545 
2145 
1248 
18-M 

2776 
1931 
1732 
1702 


8025^ 


u>. 

iS 

^ 

<  *. 

a. 

^.^ 

? 

S2 

s 

•  w. 

< 

:    <^ 

o 

a 

:   ? 

m 

1.38.S 

6<H 

224 

131 

906 

10 

535 

18 

584 

24 

1590 

3 

493 

?i\ 

.119 

,55 

880 

a 

1(K)2 

.55 

246 

3296 

119 

IS2 

5 

:mw 

2 

m) 

29 

1018 

400 

703 

H'> 

2.591 

7 

1172 

1412 

•874 

1 

1(1.57 

4 

428 

a5 

312 

4 

815 

4 

541 

2 

2143 

101 

1147 

1 

^m 

n 

H55 

?.5 

2751 

2 

1929 

>* 

1724 

9 

1693 

8547 

2  ° 


rg 


Total  vote  "  For  Convention  " 
Total  vote  "  Against  Convention  " 


80,259 
8,547 


Majority  "  For  Convention 


71,712t 


Trom  the  official  returns  to  the  delegates  elect  to  the  Constitutional  Convention,  of  the  State  Board 
of  Election  Supervisors  appoin'ed  under  the  Act  of  General  Assembly,  approved  May  18th,  1874,  entitled 
"An  Act  providing  for  a  Convention  of  the  People  of  the  State  of  Arkansas,  to  frame  a  new  Constitution" 
<p.  xiii). 

tThe  official  return,  through  some  clerical  error,  states  t'-e  vote  "Against  Convention"  at 8,607,  and 
the  consequent  majority  "For  Convention"  at  71.652.  The  totals  as  here  given  result  from  the  footings  of 
the  votes  given  for  the  several  counties.— JIuitok. 


ADDRESS  OF  CONVENTION,  TO  THE  PEOPLE. 


ADDRESS 

TO  THE  PEOPLE  OF  THE  STATE, 

PREPARED  BY  ORDER  OF  THE  CONSTITUTIONAL  CONVENTION, 

Aud  appended  to  the  official  copies  of  the  Constitution,  circulated  for 
public  information, 


Fellow  Citizens  : 

Your  Delegates  in  Convention  assembled  to  frame  a  Constitution  for  the 
State  of  Arkansas,  now  submit  the  result  of  their  labors  for  your  approval. 

We  commend  to  your  favorable  consideration  the  Constitution  accompany- 
ing this  address,  as  the  fruits  of  the  united  efforts  and  untiring  labor  of  a  truly 
representative  body,  whose  interests  are  identified  with  those  of  the  people  of 
the  entire  State. 

An  examination  of  this-CJonstitution  will  show  its  distinguishing  features — 
as  compared  with  the  Constitution  of  1868-— to  consist  in  submitting  the  election 
of  all  officers  of  the  government  to  the  popular  vote;  in  diminishing  the  num- 
ber of  offices  to  such  number  as  is  necessary  to  an  economical  and  successful 
administration  of  the  government;  in  limiting  the  rate  of  taxation,  by  the  Leg- 
islature, on  the  assessed  value  of  all  property ;  in  protecting  the  public  credit, 
by  expressly  prohibiting  ^the  Legislature  from  contracting  any  debt,  save  for 
certain  specified  purposes ;  and  in  prohibiting  all  local  and  special  legislation. 

It  is  believed  the  main  corrective  of  the  abuses  which  we  have  for  several 
years  past  sustained,  will  be  found  in  that  feature  of  the  Constitution  which  sub- 
mits all  elections  of  civil  officers  to  the  people,  thereby  depriving  the  Executive 
Department  of  the  State  of  the  power  of  appointment.  The  necessity  of  free 
•  and  fair  elections,  uncontrolled  by  partisan  appliances,  has  long  been  felt  by  our 
people.  The  abuse  of  this  right— so  long  held  inviolable — has  stifled  the  popu- 
lar voice,  given  the  reins  of  government  to  a  faction,  reduced  our  people  to  bank- 
ruptcy and  impoverishment,  inaugurated  intestine  feuds  and  revolutions,  and 
disgraced  our  vState. 

The  new  Constitution  is  framed  with  a  view  of  correcting  these  abuses  by 
keeping,  as  nearly  as  may  be,  all  power'in  the  hands  of  the  people,  and  holding 
their  agents  in  office  directly  responsible  to  them — the  chief  end  and  aim  of  all 
popular,  representative  government.     It  is  liberal  in  its  provisions,  and  chal- 


xxii         DOCUMENTARY  HISTORY  OF  THE  CONSTITUTION. 

lenges  the  admiration  and  support  alike  of  Democrats  and  Republicans,  who  are 
not  biased  by  party  feeling.  It  gives  equal  rights  to  all,  regardless  of  race  or 
color,  or  previous  condition  of  servitude. 

With  provisions  so  liberal,  with  features  so  well  calculated  to  correct  the 
abuses  of  the  past,  and  being  the  work  of  delegates  chosen  by  a  popular  vote  so 
large  and  overwhelming,  it  is  not  surprising  that  the  enemies  of  the  new  Constitu- 
tion should  despair  of  defeating  it  by  an  appeal  to  the  people  at  the  coming  elec- 
tion upon  its  ratification  or  rejection.  We  have  every  reason  to  believe  that,  if 
the  new  Constitution  is  ratified  by  the  popular  vote,  and  the  government  under 
it  inaugurated,  the  present  numerous  and  gross  abuses,  as  the  result  of  misrule, 
will  give  way,  the  angry  feeling  which  has  been  engendered  between  the  mem- 
bers of  the  two  political  parties,  by  restless  office-seekers,  and  disturbers  of  the 
peace,  will  gradually  disappear,  and  our  State  will  assume  that  honorable  posi- 
tion in  the  confederacy  of  States,  for  which  nature  has  so  eminently  endowed 
her. 

On  the  contrary,  if  this  Constitution  should  be  defeated  or  set  aside,  we  can 
no  longer  have  reasonable  grounds  of  hope  for  a  restoration  of  local  self-gov- 
ernment in  Arkansas,  and  we  forbear  to  contemplate  the  scenes  which  a  defeat 
or  failure  would  entail  upon  a  people  already  bowed  to  the  earth  with  suffering 
and  sorrow. 

In  conclusion,  we  ask  all,  regardless  of  party,  who  are  tired  of  strife,  and 
who  long  for  a  permanent  restoration  of  peace,  to  unite  in  supporting  the  new 
Constitution,  that  we  may  have  in  its  behalf  the  moral  effect  of  the  largest  pop- 
ular majority  that  is  possible  of  attainment  under  the  circumstances.  And  we 
urge,  most  earnestly,  each  and  every  one  to  go  forward,  peacefully  but  resolutely, 
to  the  discharge  of  his  duty  in  giving  the  State  this  organic  law,  regardless  of  all 
promises,  all  overtures,  and  all  threats,  from  those  who,  under  the  guise  of  friend- 
ship, seek  only  to  complete  your  ruin.  This  opportunity  lost,  you  and  your 
State  are  lost ;  but  improved  and  availed  of,  you  and  your  State  are  saved,  with 
every  promise  of  a  future  of  peace  and  of  prosperity'. 

H.  M.  RECTOR, 
R.  K.  GARLAND, 
J.  W.  BUTLER, 
S.  P.  HUGHES, 
BRADLEY  BUNCH, 

Committee. 


ANNOUNCEMENT  OF  ADOPTION  OF  CONSTITUTION.         xxiii 


PROCLAMATION 

BY   THE 

STATE  BOARD  OF  ELECTION  SUPERVISORS.* 

OFFICE  OF  STATE  BOARD  OF  ELECTION  SUPERVISORS, 

Little  Rock,  Ark.,  October  30,  1874. 
In  pursuance  of  the  provisions  of  Section  seventeen  of  the  Schedule  to  the 
Constitution  recently  framed  for  the  State  of  Arkansas,  the  undersigned  do 
hereby  proclaim  and  make  known,  that  at  a  general  election  held  on  the  thir- 
teenth day  of  October,  A.  D.  1874,  the  following  votes  were  cast  "  For  "  and 
"  Against "  said  Constitution,  in  the  several  counties  of  said  State,  as  appears 
by  the  ofi&cial  returns  made  to  said  Board  by  the  County  Boards  of  Election 
Supervisors,  to-wit  :t 


COUNTIES. 

9 
1 

1 

©■§•; 

a  g 

1 

:    O 

:  § 

i  1 

:    f' 

P 
if 
'§, 

1875 
1309 
697 
524 
583 
1005 

"776 
1007 
547 
1235 

"852 
481 
735 
487 

"592 
710 

1196 
535 

1151 
580 
953 
964 
483 
999 
4^9 

Is 

ft 

i 

1 

"894 
"528 
"377 

::::::i 
I 

";::.' 
1753' 

COUNTIES. 

a 
a 

:   S. 

i   ? 
i   9 

■    3 

fl- 
it' 

h 

\  1 

Arkansas                      

1211 
1147 
1954 
1374 
762 
569 
594 
1011 
417 
1438 
1376 

1444 
426 

858 
701 
746 
682 
425 
1253 
920 
1377 
535 
1216 
631 
953 
1046 
798 
1676 
539 
2023 
1229 
1743 
1052 
1264 
1070 
1176 
470 

430 
320 
79 
65 
65 
45 
11 

1311 
341 

1 

11| 

802 
661 
210 

181 

"1 

677i 
110 

Lee 

1760 
1500 
886 
1143 
683 
936 
985 
594 
402 
1198 
1101 
323 
1958 
400 
329 
467 
1317 
911 
3054 
1246 
1102 
1019 
1083 
655 
518 
945 

1742 
1192 
1322 
976 
2200 
2377 
1260 
1430 

78697 

2  ^  17.=i8 

Ashley               

]    Lonoke 

83 
948 
111 

19 

26 
.744 

24 
157 
211 

21841 

1 

368; 
21.35i 

"478; 
1 

104' 

1417 

1032 

66-1 
910 
241 
570 
245 
987 
176 
210 

"266 
326 
418 

1292 
543 
919 

1246 
624 

1019 
994 
648 

414 

Lincoln 

62 

Bradley           

Marion 

Calhoun                            

Monroe 

Carroll              

Montgomery 

Clark 

Nevada 

Conway 

Perry 

Crawford      

Phillips..  . . 

226 

Pike 

Gross        

Polk 

Pope 

■ 

Dallas                         

Prairie 

Desha         

Pulaski 

Saline 

Scott 

Faulkner 

Stone 

...... 

Grant              

Searcy 

28: 1    917 

801    609 
606    1136 
1831    1009 
744  I    578 

46      930 
234    1966 

58i  1  2319 
39o!    865 
236,  j  1194 

24807' ' 

Sevier 



Howard 

'    Sebastian 

Hempstead 

Sarber. 



Independence 

349  1  1674 

Van  Buren '.......'..'. 

36 

45 

2805 

,^ 

41 

1193 
1698 

1165 

25 

1173 

47 

White 

Johnson 

Yell 

Lafayette 

Totai 

Lawrence 

Little  River 

Total  vote  "  For  Constitution  "      -        .        -     78,697 
Total  vote  "  Against  Constitution  "     -     .   -        24,807 

Majority    "  For   Constitution  "         -        -     53,890 
Given  under  our  hands  this  thirteenth  day  of  October,  1874. 

U.  M.  ROSE, 
DUDLEY  E.  JONES, 
GORDON  N.  PEAY, 
State  Board  Election  Supervisors. 

'''■  Appointed  by  Sec.  7  of  the  Schedule  to  the  Constitution. 

tFor  convenience  of  reference,  the  majorities,  in  the  several  counties,  for  and  against  the  Constitution, 
which  do  not  appear  in  the  original,  are  here  interpolated.— Editor. 


CONSTITUTION  OF  ARKANSAS. 


SYLLABUS 


C0:NrSTITUTION  OF  ARKANSAS 


ARTICLE  I. 

Boundaries  of  the  State. 
Seat  of  Government. 

ARTICLE  II. 

declaration  of  rights. 
Section- 

1.  Source  of    political   power. -Object  of  govern- 

ment.—Right  of    reform  and  abolition. 

2.  Natural  freedom  and  independence  of   men.— 

Inalienable  rights.— Origin  of  government. 

3.  Equality  of  all  persons  before  the  law. 

4   Right  of  public  assembly,  and  of    petition. 

5.  Right  to  bear  arms, 

6.  Liberty  of  the  press  and  of  speech.— Libel. 

7.  Trial  by  Jury. 

8.  Xo  person  to  be  held  to  answer  for  crime,  but 

on  presentment  or  indictment.— Exceptions.— 
No  person  to  be  twice  put  in  jeopardy  for 
same  offence.- Or  be  compelled  to  be  witness 
against  him-self.- Security  for  life,  liberty, 
and  property.— Right  to  bail. 

9.  Excessive    bail   and  fines,    cruel  punishments, 

and  detention  of  witnesses,  prohibited, 

10.  Rights  of  accused  in  criminal  prosecutions. 

11.  Habeas  corpus, 

12.  Suspension  of  the  laws. 

13.  Redress  of  wrongs. 

14.  Treason. 


15 


Security    against    unreasonable   searches  and 
seizures. 

16.  Imprisonment  for  debt  prohibited. 

17.  Attainder,  laws,  ex  post   facto,  impairing  con- 

tracts, etc.,  prohibited, 

18.  Equality  of  privileges  and  immunities, 

19.  Perpetuities,  monopolies,   and  hereditary  dis- 

tinctions, prohibited. 

20.  Resident  aliens. 

21.  Life,  liberty,  and  property,  how  secured.— Ban- 

ishment prohibited. 

22.  Private  property  taken  for  public  use. 

23.  State's  right  of  eminent  domain,  and  of  taxa- 

tion.—Delegation  of  taxing  power. 

24.  Right  of    religious  liberty. 


Section- 
So.  Protection  of  religious  liberty. 

26.  Religious  tests  prohibited.— Oaths    or  affirma- 

tions required. 

27.  Involuntary  servitude,  except  for  crime,  pro- 

hibited,—Standing  army.— Military   subordi- 
nate to  civil  power, — Quartering  of  Troops, 

28.  Tenure  of  lands, 

29.  This  enumeration  of  rights  not  to    disparage 

other    rights.— Paramount  authority  of    De- 
claration of  Rights,  and  of  Constitution. 

ARTICLE  III. 

FRANCHISE  AND  ELECTION'S, 

1.  Qualifications  of  electors. 

2.  Freedom  of    elections.— Right  of  suffrage   not 

to  depend  on  previous  registration.— Or   im- 
pairable  except  on  conviction  for  felony. 

3.  Elections  to  be  by  ballot.— Numbering  of  bal- 

lots.— Secrecy  of  the  ballot. 

4.  Privilege  of  electors. 

5.  Idiots  and  insane. 

6.  Corrupt  violation  of  election  laws  to  disqualify 

for  oflBce. 

7.  U,  S.  soldiers,  sailors,  and  marines 

8.  Time  of  holding  general  elections. 

9.  Testimony  in  cases  of  contested  elections. 
10.  Causes  of  disqualification  as  election  officer. 
11   Votes  unlawfully   refused,    to    be   counted   on 

trial  of  contest. 
12.  Elections  by  parties  representative, 

ARTICLE  IV. 

DEPARTMENT.'?. 


1.  Departments  of  government, 

2.  Separation  of  departments. 

ARTICLE  V. 

LEOI.=?LATlVK, 

1.  General  Assembly- 

2.  Holuse  of  Representatives. 

3.  Senate, 


( xxvii 


CONSTITUTIOX  OF  ARKAI^SAS. 


Section. 

4.  Qualifications    of    Senators   and     Representa- 

tives. 

5.  Times  of  meeting. 

6.  Vacancies. 

7.  Officers  ineligible  to  General  Assembly, 

8.  Holders   of  public    moneys  disqualified  for  of- 

fice, until  settlement. 

9.  Conviction    of    infamous    crime  to   disqualify 

for  office. 

10.  Senator  or  Representative  disqualified  for  civil 

office. 

11.  Each  house   to  appoint   its  officers   and  deter- 

mine qualifications,  etc.,  of  its  members.— 
Quorum. 

12.  Rules.— Expulsion  of      members.— Punishment 

for  contempt.  —Enforcement  of  process. — Pro- 
tection of  members.— Journal,— Yeas  and 
nays. 

13.  Proceedings  to  be  public. 

14.  Elections  by  joint  or  concurrent  vote. 

15.  Privileges   of   Senators   and  Representatives. 

16.  Pay  and  mileage — Term  to  begin  with  election. 

17.  Duration  of  sessions. 

18.  Presiding  officers.— President  of  Senate  to  suc- 

ceed to  Governorship  in  case  of  vacancy. 

19.  Style  of  laws. 

20.  State  not  to  be  sued  in  her  courts. 

21.  Laws  to  be  by  bill  —Amendment  of  bills. 

22.  Passage  of  bills. 

23.  Revival,  amendment,  and  extension,  of  laws. 

24.  Classes  of  special  legislation  prohibited. 
2-5.  Restrictions  on  special  legislation. 

26.  Publication  of  notice  of  local  and  special  bills. 

27.  Extra  compensation    to   officers,  agents,    em- 

ployes, and  contractors.— Appropriations  for 
claims,  in  matters  not  provided  for  by  pre- 
existing laws. 

28.  Adjournment. 

29.  Appropriations   to    be  specific,   and  limited  to 

two  years. 

30.  General  and  special  appropriation  bills. 

31.  Vote  requisite  to  allowances  of  State  tax,  and 

appropriations  of  money. 

32.  Redress  for  injuries  to  person  or  property. 

33.  Liabilities  of  corporations  to  the  State- 

34.  Bills  not  to  be  introduced  during  last  three  days 

of  the  session. 

35.  Bribery  of  officers. 

36.  Expulsion  of  member  no  bar  to  indictment. 

ARTICLE  VI. 

EXECDTIVE  DEPARTMENT. 


Executive  officers.— Offices  to  be  at  seat  of  gov- 
ernment—Terms of  office.— Commissioner  of 
State  Lands. 

Governor. 

Election  of  executive  officers,— Returns.— De- 
claration of  election.— Case  of  tie. 

Contested  elections  for  executive  officers. 

Qualifications  of  Governor. 

Governor  to  be  Commander-in-Chief. 

May  require  information  from  officers  of  Eecu- 
utive  Department.— Execution  of  the  laws. 

Messages  to  General  Assembly. 
■  Great  Seal  of  the  State. 

Grants  and  commissions. 

Persons  ineligible  to  office  of  Governor. 

Death,  impeachment,  or  other  disability  of 
Governor. 

(xxviii) 


Impeachment,  or  other  disability,  of  President 

of  Senate,  acting  as  Governor. 
Election  to  fill  vacancy  in  office  of  Governor. 
— Returns.— Contested  election. 

Bills  to  be  presented  to  Governor  for  approval.  — 
Proceedings  in  case  of  veto.— Bill  not  returned 
within  five  days  to  become  a  law  — Bills  passed 
during  last  five  days  of  session. 

Concurrent  orders  and  resolutions  to  be  pre- 
sented to  Governor  for  approval.— Proceedings 
in  case  of  veto. 

Veto  of  items  of  appropriation  bills.— Proceed- 
ings in  such  case. 

General  pardoning  power  —Pardoning  power  in 
cases  of  treason.— Information  concerning 
pardons,  etc.,  to  be  communicated  to  General 


19.  Extra  session  of  General  Assembly,  and  convo- 

cation elsewhere  than  at  seat  of  government. 

20.  Case  of  disagreement  in   General  Assembly,  as 

to  time  of  adjournment. 

21.  Duties  of  Secretary  of  State.— Superintendent 

of  Public  Instruction. 

22.  Duties  of  other  officers  of  Executive    Depart- 

ment.—Their  disqualification  to  hold  other 
office.— Vacancies  in  their  offices. 

23.  Vacancies  in  office,  not  elsewhere  provided  for. 

ARTICLE  VII. 

JUDICIAL   DEPARTMENT. 

1.  Judicial  power,  where  vested.— Establishment 

of  additional  courts. 

2.  Supreme  Court. — Chief  Justice.— Quorum. 

3.  Increase    of  number    of   Judges  of   Supreme 

Court. 

4.  General  Jurisdiction  of  Supreme  Court.— Juris- 

diction of  individual  Judges  of  Supreme 
Court. 

5.  Jurisdiction  of  Supreme  Court  in  quo  tvarranto. 

6.  Qualifications  of  Judges  of  Supreme  Court.  — 

Election.— Term  of  office. 

7.  Clerk  and  Reporter  of  Supreme  Court.— Term  of 

office. 

8.  Terms  of  Supreme  Court. 

9.  Special  Judges  for  Supreme  Court. 

10.  Compensation  of  Supreme  Judges.— Disqualifi- 

cation to  hold  other  office. 

11.  General  jurisdiction  of  Circuit  Courts. 

12.  Terms  of  Circuit  Courts, 

13.  Judicial  circuits.- Judge  of  Circuit  Court  to  re- 

side and  be  conservator  of  peace  in  his  circuit. 

14.  Superintending   and    appellate  jurisdiction    of 

Circuit  Courts. 
15    Equity  jurisdiction  of  Circuit  Courts. 

16.  Qualifications  of  Judges  of  Circuit  Courts. 

17.  Election  of  Judges  of  Circuit  Courts.— Term  of 

office. 

18.  Compensation  of  Judges  of  Circuit  Courts.— Dis- 

qualification to  hold  other  office. 

19.  Clerks  of  Circuit  Courts. — Election, — Term   of 

office.— To  be  ex-officio  County  and  Probate 
Clerks,  and  Recorders.— Separate  County  Clerk 
in  certain  counties.— To  be  ex-officio  Probate 
Clerk. 

20.  Interest,    consanguinity,     etc.,    to    disqualify 

Judge  from  presiding  at  trial. 

21.  Special  Judges    for  Circuit  Courts.— Powers  of 

Special  Judges.— Their  qualifiieations. 

22.  Exchange  of  circuits. 


SYLLABUS. 


Section 

23.  Charges  to  juries. 

24.  Prosecuting  Attorneys.— Term  of  office.— Quali- 

fications. 

25.  Judges  prohibited  from  practice  of  law. 

26.  Contempts    not   in    presence  of  court  or  diso- 

bedience of  process. 

27.  Remoyal  of  county  and  township  officers. 

28.  Jurisdiction  of  County  Courts.— County  Court 

to  be  held  by  one  judge. 

29.  Judges  of  County  Courts.— Election.— Term  of 

office.— Qualifications. 

30.  Quorum  of  the  County.— Powers.— Majority  must 

sit.— Compulsory  attendance. 

31.  Terms  of  County  Courts. 

32.  Courts  of  Common  Pleas. —Jurisdiction. 

33.  Appeals  from  County  Courts  and  Courts  of  Com- 

mon Pleas. 

34.  Courts  of  Probate.— Jurisdiction.— Terms. 

35.  Appeals  from  Probate  Courts. 

36.  Special  Judges  for  County  and  Probate  Courts, 

37.  Compensation  of  County  Judge.— His  jurisdio- 

diction  in  absence  of  Circuit  Judge  from  coun- 
ty. 

38.  Justices  of  the  Peace  —Term    of  office.— Com- 

mission. 

39.  Number  of  Justices  of  the  Peace. 

40.  Jurisdiction  of  Justices  of  the  Peace:— 1st,  Ex- 

clusive of  Circuit  Court.— 2d,  Concurrent  with 
Circuit  Court.— 3d,  In  misdemeanors. — 4th, 
As  examining  courts,  and  in  binding  to  keep 
the  peace.— 5th,  To  issue  process. —6th,  As  con- 
servators of  the  peace.— Denied  jurisdiction  in 
questions  of  land. 

41.  Qualifications  of  Justices  of  the  Peace. 

42.  Appeals  from  Justices  of  the  Peace. 

43.  Jurisdiction  of  Corporation  Courts. 

44.  Pulaski    Chancery    Court.— Term    of    office    of 

Judge  and  Clerk.— Election.— Proceedings  re- 
lative to  sixteenth-section  lands, 

45.  Separate  Criminal  Courts  abolished.— Their  ju- 

risdiction transferred  to  Circuit  Courts.— Their 
records. 

46.  County    executive   officers.- Term    of   office.- 
•  Compensation  of  Assessors. 

47.  Constables. — Their  commissions. 

48.  Commissions  of  officers. 

49.  Style  of  process  and  indictments. 

50.  Vacancies  in  offices  provided  for  in  Art.  VII, 

51.  Appeals  in  case  of  allowances  for  or  against 

counties,  cities,  or  towns.— Appealjbond. 

52.  Contested  elections  for   county,    township,  or 

municipaloffices. 

ARTICLE  VIII. 

APPORTIONMENT. 

1.  Number  of  Representatives.— Ratio  of  represent- 

ation.—Apportionment  of  Representatives, 

2.  Division    of  State   into  Senatorial  Districts.— 

Ratio  of  representation  in  Senate.-Present 
Senatorial  Districts  and  apportionment  of 
Senators  —Number  of  Senators, 

3.  Principles  of  formation  of  Senatorial  Districts. 

4.  Apportionments  when  to  be  made. 

ARTICLE  IX. 

EXEMPTION. 

1.  Exemption  of  personal  property  of  persons 
other  than  heads  of  families,  from  seizure  for 
debt. 


Section 

2.  Exemption   of  personal  property   of    heads  of 

families. 

3.  Homestead  exemption. 

4.  Extent  of  exemption]  of  homestead  situate  out- 

side city,  town,  or  village. 

5.  Extent  of  exemption  of  homestead  in  city,  town, 

or  village. 

6.  Homestead  exemption  for  benefit  of  widow.— 

Proviso.— Rights  of  children  during  minority. 

7.  Separate  property  of  married  women. 

8.  Scheduling   of  separate    personal;  property  of 

married  women. 

9.  Effect  of  exemptions  of  Constitution  of  1868.^ 
10.  Homestead  exemption  for  benefit  of  minor  or- 

phan'children. 

ARTICLE  X. 

AGRICULTUEE,  MIXING,  AND  MANUFACTURES, 

1    Agricultural,    mining,  and  manufacturing  in- 
terests of  State.— Mining,  Manufacturing,  and 
Agricultural  Bureau, 
2.  State    Geologist,— Term     of    office.— Duties. — 

Compensation.— Removal. 
.3.  Exemption  from  taxation,  of  mines  and  manu- 
factures. 

ARTICLE  XI. 

MILITIA. 

1,  Persons  liable  to  military  duty.— Organization 

of  militia. 

2.  Volunteer  companies. 

3.  Privilege  of  militia  from  arrest,  at  muster,  etc. 

4,  Authority  to  call  out  volunteers  and  militia. 

ARTICLE  XII. 

MUNICIPAL   AND  PRIVATE  CORPORATIONS. 

1.  Revocation  of  existing  charters  and  grants,  for 

non-user. 

2.  Limitation  of  power  of  incorporation,  by  special 

act, 

3.  Incorporation  of  cities  andj  towns.— Restriction 

of  powers, 

4.  Limitation  of  legislative  power  of  municipal 

corporations,  and  of  their  power  of  taxation. 
—Payment  of  existing  indebtedness. 

5.  Municipal  corporations  not  to    become   stock- 

holders,   or  financially  assist    corporations, 
etc. 

6.  General  incorporation  laws.— Power  of  alteration 

and  revocation. 

7.  Stato'not  to  be  interested  in  .stock  of  corpora- 

tions, etc. 

8.  Issue  and  increase  of  stock,  etc.,  of  private  cor- 

porations. 

9.  Compensation  for   property  and  right  of  way, 

taken  for  use  of  corporations. 

10.  Legislation    authorizing    issue    of  ^circulating 

paper,  prohibited. 

11.  Foreign  corporations. 

12.  State  not  to  assume  liabilities^of  counties  or  cor- 

porations,—Exceptions  -Indebtedness  of  cor- 
porations to  State, 

ARTICLE  XIII, 

COUNTIES,  COUNTY-SEATS,  AND  COUNTY  LINES. 

( xxix ) 


CONSTITUTION  OF  ARKANSAS. 


Sectton 

1.  Minimum  limits  of  counties  prescribed. —Excep- 

tions. 

2.  Consent  of  voters  of  territory  affected,  requisite 

to  change  of  county  lines. 

3.  Changes  of  county-seats.— County-seats  of  new 

counties. 

4.  Lines  of  new  counties. 

5.  Division  of  Sebastian  County  into  two  districts. 

ARTICLE  XIV. 

EDUCATION. 

1.  Free  school  system. 

2.  School  funds  to  be  used  exclusively  for  purposes 

for  which  set  apart. 

3.  State  school  tax.— Poll-tax  for  (School-Fund. - 

School- district  tax. 

4.  Supervision  of  public  schools,  etc. 

ARTICLE  XV. 

IMPEACHMENT    AND    ADDRESS. 

1.  Impeachments.— Judgment. 

2.  Power  of  impeachment.— Trial. 

3.  Removal  upon  address, 

ARTICLE  :XVI. 

FINANCE   AND  TAXATION. 

1.  Loan  of  public  credit,  and  issue  of  interest-bear- 

ing evidences  of  public  indebtedness,  except 
to  pay  present  debt,  prohibited. 

2.  Payment  of  State  debt. 

3.  Misappropriation  of  public  moneys. 

4.  Salaries  and  fees —Clerks, etc.,  of  departments 

of  State. 

5.  Uniform  rule  of  taxation.— Taxation  of  privi- 

leges, etc.— Property  exempt  from  taxation. 

6.  Exemption  by  statutory  enactment,  void. 

7.  Taxation  of  corporate  property. 

8.  Maximum  rate  of  State  taxes. 

9.  Maximum  rate  of  county  taxes. 

10.  County  and  municipal  taxes,  in  what  payable. 

11.  Levy  and  specific  appropriation  of  taxes. 

12.  Disbursements. 

13.  Right  of  citizen  to  sue  in  behalf  of  inhabitants 

of  county  or  municipality. 

ARTICLE  XVII. 

RAILROADS,  CANALS,  AND  TURNPIKES. 

1.  Railroads,  etc.,  public  highways.— Transporta- 

tion companies  common  carriers.- Right  to 
construct  railroads.— Intersection  and  con- 
nection of  railroads. 

2.  Transportation  companies  to  maintain  office  in 

State  — Transfers  of  stock.— Books. 

3.  Equal  right  to  transportation.— Regulation    of 

charges. 

4.  Parallel   or  competing  lines   of  transportation 

not  to  be  consolidated,  or  controlled  by  same 
parties. 

5.  Prohibitions  upon  officers,  etc.,  of  transportation 

companies. 

6.  Discrimination  of  charges  between  transporta- 

tion companies  and  individuals,  or  in  furnish- 
ing cars  or  motive  power,  prohibited. 

7.  General  Assembly  to  prevent  grant  of  free  passes 

to  officers  of  the  State. 

(xxx) 


Section 

8.  Condition  of  remission  of  forfeiture  of  charter, 

or  legislation  favorable  to  corporations. 

9.  Eminent  domain    over     property  of    corpora- 

tions- 

10.  Legislation  to  correct  abuses  by  transportation  . 
companies. 

U.  Movable  property  of  railroad  corporations  per- 
sonal property,  and  not  to  be  exempted  from 
execution. 

12.  Damages,  by  railroads,  to  person  and  property. 

13.  Annual  report  of  railroad  companies  to  Auditor" 

ARTICLE  XVIII. 

.JUDICIAL  CIRCUITS. 

Judicial  circuits.— Terms  of  Circuit  Courts. 
ARTICLE  XIX. 

MISCELLANEOUS  PROVISIONS. 

1.  Disqualifications  of  atheists. 

2.  Duelling. 

3.  Electors,  only,  qualified  for  office. 

4.  Residence,  etc. ,  of  officers. 

5.  Officers  to  continue  in    office  till  qualification  of 

successors. 

6.  Plurality  of  offices. 

7.  Forfeiture  of  residence. 

8.  Deductions  from  salaries  of  officers. 

9.  Creation  of  permanent  State  offices    prohibited. 

10.  Returns  of  elections,  to  whom  made, 

11.  Salaries  of  State    officers.— Fees    pertaining  to 

State  offices. —Maximum  salaries  of  State 
officers.— Increase  of  salaries  of  members  of 
General  Assembly. 

12.  Publication  of  receipts  and  expenditures  of  pub- 

lic money. 

13.  Usury.— Rate  of  interest. 

14.  Lotteries  prohibited. 

15.  Contracts  for  stationery,  fuel,  printing,  furni- 

ture, etc.,  for  State  government. 

16.  Contracts  for  public  buildings  and  bridges,  and 

care  of  paupers. 

17.  Revision,  publication,  etc.,  of  laws. 

18.  Security  of  miners  and  travellers. 

19.  Education  of  deaf  and  dumb,  blind  and  insane. 

20.  Oath  of  office. 

21.  Sureties  upon  official  bonds. 

22.  Amendments  to  Constitution,  how  originated.— 

To  be  published,  and  submitted  to  the  people. 
—Not  more  than  three  to  be  proposed  or  sub- 
mitted at  same  time.— Separate  ratification 
of  each. 

23.  Maximum  of  officers'  salary  and  fees.— Disposi- 

tion of  excess  received. 

24.  Contested  elections  not  herein  specifically  pro- 

vided for. 

25.  Seal  of  the  State. 

20.  Officers  eligible  to  executive  and  judicial  office. 
27.  Assessments  on  real  property,  for  local  improve- 
ments, in  towns  and  cities. 

SCHEDULE. 

1.  Retention  of  existing   laws.— Effect  of  exemp- 

tion laws  in  force  at  adoption  of  Constitution 
of  186S,— Distinction  between  sealed  and  un-. 
sealed  instruments. 

2.  Competency  of  witnesses. 

3.  First  general  election  for  officers,  and  election 

for  submission  of  Constitution  to  the  people. 


SYLLABUS. 


Section 

4.  Qualifications  of  voters  thereat. 

5.  Notice  thereof. 

fi.  Governor's  proclamation  enjoining  good  order 
at  such  election. 

7.  State  Board  of  Supervisors  of  Election.— Vacan- 

cies therein. 

8.  County  Boards  of  Election  Supervisors.— Vacan- 

cies therein. 

9.  Poll-books  and  ballot-boxes  for  the  election. 

10.  Distribution,  to  officers  of  the.election,  of  copies 

of  the  Constitution. 

11.  Judges  of  the  election,  and  Election  Clerks.— 

Cases  of  absence  of  judges  of  the  election 
from  the  polls. 

12.  Conduct     of    the    election.— Qualifications     of 

voters,  how  decided.— Registration. 

13.  Style  of  ballot. 

14.  Deposit    of   tickets.— Elector    to   vote  only   in 

township  or  ward  of  residence.— Numbering 
of  tickets, 

15.  Drinking  houses   to   be  closed,  on  .day  of  the 

election.— Sale  or  gift  of  intoxicating  liquor 
prohibited. 

Ifi.  Hours  of  voting.- Counting  of  ballots.— Dispo- 
sition of  returns- — Copies  of  abstract  of  re- 
turns, ballots,  and  poll-books,  whore  filed. 

17.  A.seertainment  and  publication  of  result  of 
election  on  adoption  of  Constitution.— Con- 
stitution, if  adopted,  in  force  from  date  of 
such  publication.— Abstract  of  returns  of  the 
election,      to    be    filed    with    Secretary    of 


Section 

State.— List  of  members  of  General  Assembly, 
elect,  to  be  certified  to  General  Assembly  — 
Abstract  of  returns  of  election  of  State 
officers  to  be  certified  to  Speaker  of  House  of 
Representatives,  and  the  result  by.  him  an- 
nounced.—State  officers  elected,  when  to 
enter  upon  their  duties. 

18.  All  officers  chosen  at  this  election  to  be  commis- 

sioned by  Governor. 

19.  First  election  of  Representatives  and  Senators. 

—Their  certificates  of  election. 

20.  Officers  elected,  other  than  State  officers,  when 

to  enter  upon  their  duties. 

21.  Prior  incumbents  to  vacate  their  offices. 

22.  Timie  of  convening  of  first  session  of  General 

Assembly. 

23.  Transfer  of  jurisdiction  from  Boards  of  Super- 

visors to  County  Courts,  from  Criminal 
Courts  to  Circuit  Courts,  and  of  probate 
business  to  Probate  Courts. 

24.  Present  incumbents   to   continue  in  office   till 

qualification  of  successors.- Commissionerof 
State  Lands. 

25.  Penalty  of  fraud  by  officers  of  the  election,  or 

other  persons. 

26.  Tenure  of  office  of  officers  chosen  at  the  election, 

—Time  of  next  general  election.— Election  of 
Congressmen. 

27.  Appropriation  to  defray  expenses  of  the  election. 

28.  Present  salaries  of  State  officers, — Per  diem  and 

and  mileage  of  members  of  General  Assembly, 


Jl 


(xxxi) 


CONSTITUTION 


OF     THE 


STATE  OF  ARKAJSJSAS. 


PREAMBLE. 

We  the  people  of  the  State  of  Arkansas,  grateful  to  Almighty  Vreamhie. 
God  for  the  privilege  of  choosing  our  own  form  of  Government; 
for  our  civil  and   religious   liherty ;   and  desiring  to  perpetuate 
its  blessings  and  secure  the  same  to  ourselves  and  posterity,  do 
ordain  and  establish  this  Constitution. 

ARTICLE  I. 

Boundaries. 
We    do    declare    and    establish    ratify   and   confirm    the  Boundaries  of  the 

-^  State. 

followijig  as  tlie  permanent  boundaries  of  the  State  of 
Arkansas,  that  is  to  say :  Beginning  at  the  middle  of  the 
main  channel  of  the  Mississippi  river,  on  the  parallel  of 
thirty  six  degrees  of  north  latitude,  runningthence  west  with 
said  parallel  of  latitude  to  the  middle  of  the  main  channel  of 
the  St.  Francis  river;  thence  up  the  main  channel  of  said  last 
named  river,  to  the  parallel  of  thirty  six  degrees,  thirty 
minutes  of  north  latitude;  thence  west  with  the  Southern 
boundary  line  of  the  State  of  Missouri  to  the  South  West 
corner  of  said  last  named  State;  thence  to  be  bounded  on 
the  West  to  the  North  bank  of  Red  river,  as  by  act  of  Con- 


2  C0:N"STITUTI0N  of  the  [Art.  2. 

gress  and  treaties  existing  January  first  1837,  defining  tlie 
Western  limits  of  the  territory  of  Arkansas,  and  to  be 
bounded  across  and  South  of  Red  river  by  the  boundary 
line  of  the  State  of  Texas  as  far  as  to  the  North  West  corner 
of  the  State  of  Louisiana;  thence  easterly  with  the  northern 
boundary  line  of  said  last  named  state  to  the  middle  of  the 
main  channel  of  the  Mississippi  river;  thence  up  the  middle 
of  the  main  channel  of  said  last  named  river,  including  an 
island  in  said  river  known  as  "Belle  Point  Island,"  and  all 
other  land  originally  surveyed  and  included  as  a  part  of  the 
Territory  or  State  of  Arkansas,  to  the  thirty  sixth  degree  of 
north  latitude,  the  place  of  beginning. 

SEAT    OF   GOVERNMENT. 

Seat  of  govern-      The  scat  of  govcmment  of  the  State  of  Arkansas  shall  be 

ment. 

and  remain  at  Little  Rock,  where  it  is  now  established. 


ARTICLEII. 

Declaration  of  Rights. 

Source  of  poiiti-      SECTION  L     All  political  powcr  is  inherent  in  the  people, 
Object  of  govern- and  government  is  instituted  for  their  protection,  securitv 

ment.  ^  ir  y  j 

?n?aboiftion'^°'^™  ''^"*^  benefit ;  and  they  have  the   right  to   alter,   reform  or 

abolish  the  same,  in  such  manner  as  they  may  think  proper. 

an'^i"'"^  ind(?i)c™      ^^c.  2.     All  mcu  are  created  equally  free  and  independent, 

flence  of  men. 

Ji^ifJ/'^"'^'^'®  and  have  certain  inherent  and  inalienable  rights;  amongst 
which  are  those  of  enjoying  and  defending  life  and  liberty ; 
of  acquiring,  possessing  and  protecting  property,  and  rep- 

Origin  of  govern- utati  on;  and  of  pursuing  their  own  happiness.  To  secure 
these  rights  governments  are  instituted  among  men,  deriving 
their  just  powers  from  the  consent  of  the  governed. 

Equality  of   au      Sec.  3.      The    equality   of   all    persons    before    the    law, 

persons  before  the  x  ./  jr  7 

i^   recognized,   and   shall   ever   remain  inviolate;  nor  shall 
any  citizen  ever  be  deprived  of  any  right,  privilege  or  immu- 


Art.  2.]  STATE  OF  ARKANSAS.  3 

nity;  nor  exempted  from  any  burden  or  duty,  on  account  of 
race  color  or  previous  condition. 

Sec.  4.     The  riffht  of  the  people  pera]ceably    to  assem-  Right   of  public 

^  i        X  X     L   .1  ./  iissembly: 

ble,    to    consult    for   the  common   good;    and   to  petition,  Aud  of  petition. 
by  address  or  remonstrance,  the  government,  or  any  depart- 
ment thereof,  shall  never  be  abridged. 

Sec.  5.     The     citizens     of    this    State    shall    have    the  i^'rIi*    to    bear 

arms. 

right  to  keep  and  bear  arms  for  their  common  defense. 

Sec.  6.  The  liberty  of  the  press  shall  forever  remain  f;*^^/*^  .^^l  ^of 
inviolate.  The  free  communication  of  thoughts  and  opinions 
is  one  of  the  invaluable  rights  of  man;  and  all  persons  may 
freely  write  and  publish  their  sentiments  on  all  subjects, 
being  responsible  for  the  abuse  of  such  right.  In  all  crimi-  Libel, 
nal  prosecutions  for  libel,  the  truth  may  1)c  given  in  evidence 
to  the  jury  ;  and,  if  it  shall  appear  to  the  jury  that  the  matter 
charged  as  libelous  is  true,  and  was  published  with  good 
motives  and  for  justitiable  ends,  the  party  charged  shall  be 
acquitted. 

Seo.  7.     The  right  of  trial  by  jury  shall  remain  inviolate.  Trial  by  jury. 
and    shall    extend    to    all   cases    at    law,    witliout    regard 
to  the  amount  in  controversy ;  but  a  jury  trial  may  be  waived 
by  the  parties  in  all  cases,  in  the  manner  prescribed  by  law. 

Sec.  8.     !N"o   person   shall  be   held   to  answer  a  criminal  No  person  to  be 

held  to  answer  for 

charge    unless    on    the    presentment    or    indictment    of    a  Sm e'^n" *  or  ^T 

dictmcnt. 

grand  jury,  except  in  cases  of  impeachment  or  cases  such  as  Exceptions. 

the  General  Assembly  shall  make  cognizable  by  justices  of 

the  peace,  and  courts  of  similar  jurisdiction;  or  cases  arising 

in  the  army  and  navy  of  the  United  States ;  or  in  the  militia 

when  in  actual  service  in  time  of  war  or  public  danger ;  and  No  person  to  be 

twice  put  in  jeop- 

no  person,  for  the  same  offense,  shall  be  twice  put  in  jeoperdy  fence:"'"''''"'''  "^" 

of  life  or  liberty  ;  but  if,  in  any  criminal  prosecution,  the  juiy 

be  divided  in  opinion,  the  court  before  which  the  trial  shall 

be  had,  may,  in  its  discretion,  discharge  the  jury,  and  commit 

or  bail  the  accused  for  trial,  at  the  same  or  the  next  term  of 

said  court;  nor  shall  any  person  be  compelled,  in  any  crimi- 


4  CONSTITUTION  OF  THE  [Art.  2. 

tJ  te^'^'wUnS  "^^  ^^^®'  ^^  ^®  ^  witness  against  himself;  nor  be  deprived  of 

aBainst  himself.    ,.,,,,  -it  r>    i 

Security  for  life,  life,  liberty  OF  proportj,  Without  due  process  of  law.      All 
Flight  to  bail.       persoiis   sliall,   before   conviction,  be  bailable  by   sufficient 

sureties,  except  for  capital  offenses,  when  the  proof  is  evident 

or  the  presumption  great. 
Sd'^fc.  cru*ii      Sec.  9.     Excessive  bail  shall  not  be  required ;    nor  shall 

punishments, and 

Jesses'""  rohibV-  ^^ccssive  fiues   bc    imposcd ;    nor  shall    cruel    or    unusual 

ted. 

punishment    be   inflicted ;    nor    witnesses   be   unreasonably 
detained. 
fiI.Slfin  cHminai      ^EC.  10.     In  all   Criminal   prosecutions,  the  accused  shall 

prosecutions. 

enjoy  the  right  to  a  speedy  and  public  trial,  by  an 
impartial  jury  of  the  county  in  which  the  crime  shall  have 
been  committed;  provided  that  the  venue  may  be  changed  to 
au}^  other  county  of  the  judicial  district  in  which  the  indict- 
ment is  found,  upon  the  application  of  the  accused,  in  such 
manner  as  now  is,  or  may  be  prescribed  by  law ;  and  to  be 
informed  of  the  nature  and  cause  of  the  accusation  against 
him,  and  to  have  a  copy  thereof;  and  to  be  confronted  with 
the  witnesses  against  him  ;  to  have  compulsory  process  for 
obtaining  witnesses  in  his  favor ;  and  to  be  heard  by  himself 
and  his  counsel. 
Habeas  corpus.  Sec.  11.  The  privilege  of  the  writ  of  habeas  corpus 
shall  not  be  suspended;  except  by  the  General  Assem- 
bly, in  case  of  rebellion,  insurrection,  or  invasion,  when  the 
public  safety  may  require  it. 

Suspension  of  the  Sbc.  12.  No  powcr  of  Suspending  or  setting  aside 
the  law  or  laws  of  the  State,  shall  ever  be  exersised,  except 
by  the  General  Assembly. 

Redress     of      Sec.  13.     Evcrv  pcrson  is    entitled    to    a  certain  remedy 

wrongs.  ./J.  t/ 

in    the    laws    for  all   injuries    or  wrongs  he   may    receive 
in  his  person,  property  or  character ;  he  ought  to  obtain  j ustice 
freely,  and  without  purchase;  completely  and  without  denial; 
promptly  and  without  delay  ;  conformably  to  the  laws. 
Treason.  Sec.  14.     Trcasou    against  the    State   shall   only    consist 


Art.  2.]  STATE  OF  ARKANSAS.  5 

in  levying  and  making  war  against  the  same,  or  in 
adhering  to  its  enemies,  giving  them  aid  and  comfort.  No 
person  shall  be  convicted  of  treason  unless  on  the  testimony 
of  two  witnesses  to  the  same  overt  act,  or  on  confession  in 
open  court. 
Sec.  15.     The    right    of    the    people    ot     this    State    to  Security  against 

^  ^        ^  unreasonable 

,  .       , ,      .  ■,  J      It-     i.  'J.  searches  and 

be  secure  in  their  persons,  houses,  papers,  and  enects,  against  seizures, 
unreasonable  searches  and  seizures,  shall  not  be  violated; 
and  no  warrant  shall  issue,  except  upon  probable  cause,  sup- 
ported by  oath  or  affirmation,  and  particularly  describing 
the  place  to  be  searched,  and  the  person  or  thing  to  be 
seized. 

Sec.  16.     No    person    shall    be    imprisoned   for    debt  in  imprisonment 

for  debt     prohib- 

aiiy  civil  action,  on  mesne  or  final  process,  unless  in  cases  ^^^^' 
of  fraud. 

Sec.  17.     No    bill    of    attainder,    ex    jmst  facto    law,   or  Attainder,    laws 

ex  i)o>it  facto,    im- 

law    impairing    the   obligation    of   contracts    shall    ever  be  trlictsfetc,  pro- 
hibited, 
passed;  and  no  conviction  shall  work  corruption  of  blood  or 

forfeiture  of  estate. 

Sec.  18.     The    General    Assembly    shall    not     grant    to  Equality  of  priv- 

•  ilcges    and     im- 

any   citizen,   or  class   of  citizens,  privileges  or  immunities  "»'*'i'ti«s. 
which,  upon  the  same  terms,  shall  not  equally  belong  to  all 
citizens. 

Sec.  19.     Perpetuities     and      monopolies     are     contrary  Perpetuities 

monopolies,    and 

to    the   genius  of    a    republic,   and   shall    not  be  allowed ;  Jfn'"£*J^     ^^l', 
nor  shall  any  hereditary  emoluments,  privileges  or  honors 
ever  be  granted  or  conferred  in  this  State. 

Sec.    20.     No      distinction      shall     ever     be     made     '  by  Resident  aliens. 
law,  between  resident  aliens  and  citizens,  in  regard  to  the 
possession,  enjoyment,  or  descent  of  property. 

Sec  21.     No    person     shall     be    taken     or     imprisoned.  Life,       liberty, 

and         property, 

or  dissiezed  of  his  estate,  freehold,  liberties  or    privileges ;  ^""^  se^-^red- 
or    outlawed,  or    in    any    manner    destroyed,  or    deprived 
of  his  life,  liberty,  or  property ;  except  by  the  judgment  of 


6  CONSTITUTION  OF  THE  [Art.  2. 

^roMbitod™*'"*  ^^'^^  pecrs,  or  the  law  of  the  land  ;  nor  shall  any  person,  under 
any  circumstances,  be  exiled  from  the  State. 

Private  property  Sec.  22.  The  right  of  property  is  before  and  higher 
than  any  constitutional  sanction;  and  private  prop- 
erty shall  not  be  taken,  appropriated  or  damaged  for  public 
use,  without  just  compensation  therefor. 

state's  right  of      Sec.  23.     The    State's    ancient  right  of   eminent   domain 

eminent  domain,  "^ 

and  of  taxation,  ^j^^j   of  taxation,   is  herein   fully  and    expressly   conceded; 
Delegation      of  and  the  General  Assembly  may  delegate  the  taxing  power, 

taxing  vjower.  ./  »/  ^  ^ 

with    the    necessary    restriction,  to    the    State's    subordin- 
ate political  and  municipal  corporations,  to  the  extent  of 
providing  for  their  existence,  maintenance  and  well  being, 
but  no  further. 
Right  of  reiigi-      Sec.  24.     All    men     have     a    natural    and      indefeasible 

ous  liberty. 

right  to  worship  Almighty  Grod  according  to  the  dic- 
tates of  their  own  consciences;  no  man  can,  of  right,  l)e 
compelled  to  attend,  erect,  or  support  any  place  of  worship ; 
or  to  maintain  any  ministry  against  his  consent.  No  human 
authority  can,  in  any  case  or  manner  whatsoever,  control  or 
interfere  with  the  right  of  conscience ;  and  no  preference 
shall  ever  be  given,  by  law,  to  any  religious  establishment, 
denomination  or  mode  of  worship,  above  any  other. 

Protection.o^f^ro-  j^eq.  25.  Religion,  morality  and  knowledge  being  essen- 
tial to  good  government,  the  General  Assembly  shall 
enact  suitable  laws  to  protect  every  religious  denomina- 
tion in  the  peaceable  enjoyment  of  its  own  mode  of  public 
worship. 

Religious     tests      Seo.  26.     No      rcligious     test     shall      ever    be     required 

prohibited.  ^ 

of    any  person  as    a    qualification   to  vote   or   hold  office ; 

nor  shall  any  person  be  rendered  incompetent  to  be  a  witness 

Oaths  or  affirm-  Oil  accouiit  of  liis  rcligious  belief;  but  nothing  herein  shall  be 

atlons  not  to    bo 

dispensed  with,    coiistrucd  to  dispense  with  oaths  or  affirmations. 

Involuntary  scr-      Sec.  27.     There    shall    be     no     slavery     in    this     State, 

vitudc,        except  •  '    ^  n 

bitcd"™'''  '""**^*"  "^^    involuntary    servitude,    except    as    a  punishment  tor 
standing  army.    Crime.     No  standing  army   shall  be  kept  in  time  of  peace ; 


Art.  3.]  STATE  OF  ARKANSAS.  7 

the  military  shall,  at  all  times,  be  in  strict  subordination  to  JlUi^tl^'^to '"cwu 
the  civil   power;    and   no    soldier  shall  be  quartered  in  any  Quartering    of 

troops. 

house,  or  on  any  premises,  without  the  consent  of  the  owner, 
in  time  of  peace ;  nor  in  time  of  war,  except  in  a  manner 
prescribed  by  law. 

Sec.  28.     All   lands   in   this    State    are    declared    to    be  Tenure  of  lands. 
allodial;    and  feudel    tenures    of  every    description,    with 
all  their  incidents,  are  prohibited. 

Sec.  29.     This      enumeration     of     rights     shall     not    be  This     enumera- 

"  tion  of  rights  not 

construed    to     deny    or    disparage    others  retained  by  the  other'rfghTs! 
people;  and    to   guard    against   any  encroachments  on  the  Paramount    au- 
rio^hts  herein  retained,  or  any   transgression  of  any  of  the  uiglts'^  Ind    of 

■^  "^  Constitution. 

higher  powers  herein  delegated,  we  declare  that  everything 
in  this  article  is  excepted  out  of  the  general  powers  of  the 
government;  and  shall  forever  remain  inviolate;  and  that 
all  laws  contrary  thereto,  or  to  the  other  provisions  lierein 
contained  shall  be  void. 


ARTICLE  III. 

Franchise  and  Elections. 
Sec  1.     Every  male   citizen    of    the    United    States,     or  Qualifications  of 

electors. 

male  person  who  has  declared  his  intention  of  becoming  a 

citizen  of  the  same,  of  the  age  of  twenty  one  years,  who  has 

resided  in  the  State   twelve  months,  and   in  the  county  six 

months,  and  in  the  voting  precinct  or  ward  one  month,  next 

preceding  any  election,  where  he  may  propose  to  vote,  shall 

be  entitled  to  vote  at  all  elections  by  the  people. 

Sec  2.     Elections  shall    be    free  and    equal.     No  power.  Freedom  of  elec- 
tions, 
civil    or    military,    shall     ever    interfere     to    prevent    the 

free  exercise  of  the  right  of  suffrage;  nor  shall   any  law  be  Right  of  suffrage 

not  to  depend  on 

enacted,  whereby   the   right  to  vote  at  any  election  shall  be  pi-ovious     rogis- 

'  'J  n  .7  tration. 

made  to  depend  upon  any  previous  registration  of  the  elec- 
tor's name;  or  whereby  such  right  shall  be  impaired  or  for-  Or  impairabie 

*"  except     on    con- 

feited,  except  for  the  commission  of  a  felony  at  common  law,  oifyj""    *'"'  *''^' 
upon  lawful  conviction  thereof. 


8  COISrSTITUTIOJSr  OF  THE  [Art.  3. 

Election's  to    be      ggc.  3.     AH    elections  by  the  people    shall    be    by    bal- 
Numbering    of    lot.     Everv   ballot  sliall  be  numbered  in  the  order  in  which 

ballots.  '' 

it  shall  be  received,  and  the  number  recorded  by  the  election 

officers,  on  the  list  of  voters  opposite  the  name  of  the  elector 

Secrecy  of  the    who  prcscuts  the  ballot.     Tlic  election  officers  shall  be  sworn 

ballot. 

or  affirmed  not  to  disclose  how  aliy  elector  shall  have  voted, 
unless  required  to  do  so  as  witnesses  in  a  judicial  proceeding, 
or  a  proceeding  to  contest  an  election. 
Privilege  of  eiec-      8ec.  4.     Elcctors   shall,    in     all     cases    (except     treason, 

tors. 

felony  and  breach  of  the  peace,)  be  privileged  from  arrest 
during  their  attendance  at  elections,  and  going  to  and  from 
the  same. 
Idiots  and    in-      Sec.  5.     No  idiot  or  insauc  person  shall  be  entitled  to  the 

sane. 

privileges  of  an  elector. 
Corrupt     viola-      Sec.  6.     Auv  pcrson   wlio   sliall    be  convicted  of    fraud, 

tion  of    election  *^      ^  ' 

if7for*officir'''~  bribery,  or  other  wilful  and  corrupt  violation  of  any  election 

law  of  this  State,  shall  be  adjudged  guilty  of  a  felony,  and 

disqualified  from  holding  any  office  of  trust,  or  profit  in  this 

State. 

u.   s.    soldiers,      Sec.  7.     N^o     soldicr,     sailor,     or    marine,    in    the    rail- 
sailors,  and 

marines.  itary  or  naval  service  of  the    United    States,    shall    acquire 

a  residence  by  reason  of  being  stationed  on  duty  in  this 
State. 

Time  of  holding      Seo.  8.     The    general  elections    sliall  be  held   biennially, 

general       e  1  e  c  -  o  j  •> 

on  the  first  monday  of  September ;  but  the  General  Assembly 

may  by  law,  fix  a  different  time. 

Testimony  in      Sec.  9.     In   trials    of    coutcstcd    elections    and    in    pro- 
cases     of      con-  '■ 

tested  elections,  cecdiugs  for  the  investigation  of  elections,  no  person 
shall  be  permitted  to  withhold  his  testimony  on  the  ground 
that  it  may  criminate  himself,  or  subject  him  to  public 
infamy;  but  such  testimon}^  shall  not  be  used  against  him  in 
any  judicial  proceeding,  except  for  perjury  in  giving  such 
testimony.    • 

Causes   of    dis-      Sec.  10.     No  pcrsou    shall  be   qualified  to    serve    as    an 

qualification      as 

election  officer,     election  officer,  who  shall  hold,  at  the  time  of  the  election, 


Art.  4.]  STATE  OF  ARKAN^SAS.  '         9 

any  office,  appointment,  or  employment  in  oi'  under  the 
government  of  tlie  United  States,  or  of  this  State,  or  in  any 
city  or  county  or  any  municipal  board,  commission  or  trust 
in  iiuy  city,  save  only  the  justices  of  the  peace,  and  aldermen, 
notaries  public,  and  persons  in  the  militia  service  of  the 
State.  Nor  shall  an}-  election  officer  be  eligible  to  any  civil 
office  to  be  filled  at  an  election  at  which  he  shall  serve — save 
only  to  such  subordinate  municipal  or  local  offices,  below  the 
grade  of  city  or  county  officers,  as  shall  be  designated  by 
general  law. 

Sec.  11.     If   the    officers    of    m\y    election    shall    unlaw-  votes   iii.iawiui- 

ly    refiisrU.  i<>  Itf 

fully   refuse  or   fail  to    receive,    count    or    return   the    vote  orcoSest"  '""' 
or  ballot  of  any  qualified  elector,  such  vote  or  ballot  shall 
nevertheless  be  counted  upon  the  trial    of    any   conte[n]st 
arising  out  of  said  election. 

Sec.  12.     All    elections     by    persons   acting    in    a  repre-  Elections  by 

parties   represen- 

sentative  capacity  shall  be  viva  voce.  tative. 


ARTICLE  IV. 

Departments. 
Sec.  1.     The   powers   of    the   government    of    the    State  Departments 

government. 

of  Arkansas  shall  be  divided  into  three  distinct  departments, 
each  of  them  to  be  confided  to  a  separate  body  of  magistracy, 
to  wit:  Those  which  are  legislative,  to  one  ;  those  which  are 
executive,  to  another;  and  those  which  are  judicial  to 
another. 

Sec.  2.     No    person     or     collection     of    persons,     being  Separation  of  de- 

'^    partments. 

of  one  of  these  departments,  shall  exercise  any  power 
belonging  to  either  of  the  others,  except  in  the  instances 
hereinafter  expressly  directed  or  permitted. 

2 


10  CONSTITUTION  OF  THE  [Am  5. 


ARTICLE  V. 

Legislative. 

General  Assem-  Section  1.  The  legislative  power  of  this  State  shall  be 
vested  in  a  General  Assembly,  which  shall  consist  of  the  Sen- 
ate and  House  of  Representatives. 

Sntotive^s.^^'''"^'  ^^c-  2.  The  House  of  Representatives  shall  consist 
of  members  to  be  chosen  every  second  year  by  the  qualified 
electors  of  the  several  counties. 

Senate.  Sec.  3.     The    Scuatc    shall     consist    of    members    to    be 

.  chosen  every  four  years,  by  the  qualified  electors  of  the 
several  districts.  At  the  first  session  of  the  Senate,  the  Sena- 
tors shall  divide  themselves  into  two  classes,  by  lot,  and  the 
first  class  shall  hold  their  places  for  two  years  only,  after 
which  all  shall  be  elected  for  foui*  years. 

ienSs"*'°'and      Sec.  4.     No    pcrsou    shall    be    a  Senator  or  Rcpresenta- 

Representatives. 

tive  who,  at  the  time  of  his  election,  is  not  a  citizen  of 
the  United  States,  nor  any  one  who  has  not  been  for  two 
years  next  preceding  his  election,  a  resident  of  this  State, 
and  tor  one  year  next  preceding  his  election,  a  resident  of 
the  county  or  district  whence  he  may  be  chosen.  Senators 
shall  be  at  least  twenty  five  3'ears  of  age,  and  Representatives 
at  least  twenty  one  years  of  age. 

Times  of  meeting.  Sec.  5.  The  General  Assembly  shall  meet  at  the  seat 
of  government  every  two  years,  on  the  first  tuesday 
after  the  second  monday  in  November,  until  said  time  be 
altered  by  law. 

Vacancies.  Sec.  6.     The    Govomor    shall    issue     writs    of     election, 

to  fill  such  vacancies  as  shall  occur  in  either  house  of  the 
General  Assembly. 


Art.  5.]  STATE  OF  ARKANSAS.  11 

Sec.  7.     No     iudire    of   the    Siiijreme,     Circuit    or    iiife- officers  ineligible 

•*        '^  ^  to    (ileneral     As- 

rior  courts,  of  law  or  equity,  Secretary  of  State,  Attorney  "^^"^  ^* 
General  for  the  State,  Auditor  or  Treasurer,  Recorder,  clerk 
of  any  court  of  record,  sheriff,  coroner,  member  of  Congress, 
nor  any  other  person  holding  any  lucrative  office  under  the 
United  States  or  this  State,  (militia  officers,  Justices  of  the 
peace,  postmasters,  officers  of  public  schools  and  notaries 
excepted),  shall  be  eligible  to  a  seat  in  either  house  of  the 
General  Assembly. 

Sec.  8.     No   person  who    now  is,  or   shall  be   hereafter.  Holders  of  public 

^  '  '  moneys  disiiuali- 

„       ,  111  /■  1  1-  •    i        i   tied  for  office,  un- 

a  collector  or  holder  of  public  money,  nor  any  assistant  til  sctucment, 
or  deputy  of  such  holder  or  collector  of  public  money,  shall 
be  eligible  to  a  seat  in  either  house  of  the  General  Assembly, 
nor  to  any  office  of  trust  or  profit,  until  he  shall  have 
accounted  for  and  paid  over,  all  sums  for  which  he  may  have 
been  liable. 

Sec.  9.  No    person      hereafter     convicted     of     embezzle- 9*'"^''^'*°°''^'r 

^  famous  crime  to 

raent  of  public  money,  bribery,   forgery,  or  other  infamous  fice'!"'^  *  ^ 
crime,  shall  be  eligible  to  the   General    Assembly  or  capable 
of  holding  any  office  of  trust  or  profit  in  this  State. 

Sec.  10.     No    Senator    or    Representativ.e    shall,    during  fe^n\'^\;^e  ^dls- 
the    term  for    which    he   shall  have   been    elected,   be  ap- office.  *^' 
pointed  or  elected  to  any  civil  office  under  this  State. 

Sec.  11.     Each    house     shall    appoint     its   own    officers,  Each    house   to 

appoint   its    offi- 

and  shall  be  sole  judge  of  the  qualifications,  returns  and  elec-  S  """qliaUficT 

tions,  etc.,  of  its 

tions  of  its  own  members.     A  majority   of  all  the  members  Qui^Jum!" 
elected  to   each   house   shall  constitute  a  quorum  to  do  busi- 
ness ;  but  a  smaller  number  may   adjourn  from  day  to  day, 
and  compel  the  attendance  of  absent  members,  in  such  man- 
ner and  under  such  penalties  as  each  house  shall  provide. 

Sec.  12.     Each    house    shall     have    the     power    to    de-  iiuies. 
termine  the  rules   of  its   proceedings;  and  punish  its  mem- Punishment   for 

^  o     ^  1  contempts. 

bers  or  other  persons,  for  contempt  or  disorderly  behavior  in 

its  presence ;  enforce  obedience  to  its  process  ;  to  protect  its  Enfoj-coment    of 


12  CONSTITUTION  OF  THE  -  [Am  5. 

Protection  of      niciubcrs  ti^jcaiiist  violence  or  offers  of  bribes,  or  private  solic- 

meiubcrs.  o  j         r  ^ 

Expulsion  of      itiitioiis ;  and,  with  the   concurrence  of  two-thirds,  expel  a 

members, 

member ;  but  not  a  second  time  for  the  same  cause.  A  mem- 
ber expelled  for  corruption  shall  not,  thereafter,  be  eligible 
"^^  to  either  house;  and  punishment  for  contempt,  or  disorderly 

behavior,  shall  not  bar   an  indictment  for  the  same  offense. 

Journal.  Each  housc  shall  keep  a  journal  of  its  proceedings ;  and, from 

time  to  time,  publish  the  same,  except  such  parts  as  require 

Yeas  and  nays,  sccrccy ;  and  the  yeas  and  nays,  on  any  question,  shall,  at 
the  desire  of  any  five  members,  be  entered  on  the  jour- 
nals. 

Proeedingsto  bo      Sec.  13.     The  sessious     of     cach     house,   and    of     coni- 

publiG.  ' 

mittees  of    the     whole,    shall   be   open,    unless    when   the 
business  is  such  as  Ought  to  be  kept  secret. 
Elections  by      Sec.  14.     Whenever      an      officer,     civil      or     railitarv, 

joint  or    concur-  "^  ' 

lent  vote.  gj^^|j  ^^^  appointed  by  the  joint  or  concurrent  vote  of  both 

houses  or  by  the  separate  vote  of  either  house  of  the  General 
Assembly,  the  vote  shall  be  taken  viva  voce  and  entered  on 
the  journals. 

Privileges  of  Sec.  15.     The     members     of     the     General      Assembly 

Senators  and 

Representatives,  gj^^]]^  ^jj  ^^  ^^^^^  cxcept  trcason,  fclony,  and  breach,  or 
surety  of  the  peace,  be  privileged  from  arrest  during  their  at- 
tendance at  the  sessions  of  their  respective  houses ;  and,  in 
going  to,  and  returning  from  the  same;  and,  for  any  speech 
or  debate  in  either  house,  they  shall  not  be  questioned  in  any 
other  place. 

Pay  and  mileage.  Sec.  16.  Tlic  members  of  the  General  Assembly  shall 
receive  such  per  diem  pay  and  mileage  for  their  services,  as 
shall  be  fixed  by  law.  Ko  member  of  either  house  shall,  dur- 
^  ing  the  term  for  wjiich  he  has  been  elected,  receive  any  in- 

crease of  pay  for   his  services,  under  any  law  passed  during 

Term  to  begin     sucli  term.     The  term  of  all  members  of  the  General  Assem- 

with  election. 

bly  shall  begin  on  the  day  of  their  ele<*tion. 
Duration  of  ses-      Sec.  17.      The  regular  biennial  sessions  shall  not  exceed 

Bions.  ° 

sixty   days  in  duration;  unless   by  a  vote  of  two-thirds   of 


Art.  5.]  STATE  OF  ARKANSAS.  13 

the     members    elected    to     each   house    of    said     General 

Assembly.     Provided,  that  this  section  shall  not  apply  to  the 

first  session  of  the  General  Assembly  under  this  Constitution, 

or  when  impeaoiiments  are  pending. 

Sec.  18.     Each  house,  at  the  beginning  of  every  regular  Presiding  officers. 

session  of  the  General  Assembly,  and  whenever  a  vacancy 

may    occur;    shall    elect    from    its    members    a    presiding 

officer,  to  be  styled,  respectively,  the  President  of  the  Senate,  President  of  Sen- 
ate to  succeed  to 

and  the  Speaker  of  the  House  of  Representatives ;  and  when-  elToT vac\ncy^° 
ever,  at  the  close  of  any  session,  it  may  appear  that  the  term 
of  the  member  elected  President  of  the  Senate  will  expire 
before  the  next  regular  session,  the  Senate  shall  elect  another  ' 
President  from  those  members  whose  terms  of  office  continue 
over,  who  shall  qualify  and  remain  President  of  the  Senate 
until  his  successor  maybe  elected  and  qualified;  and  who, 
in  the  case  of  a  vacancy  in  the  office  of  Governor,  shall  per- 
form the  duties  and  exercise  the  powers  of  Governor,  as  else- 
where herein  provided. 

Sec.  19.     The  style  of  the  lawc^  of  the  State  of  Arkansas  style  ot  laws. 
shall  be:     "Be  it  enacted  by  the  General  Assembly  of  the 
State  of  Arkansas." 

Sec.  20.     The   State    of   Arkansas  shall    never    be    made  state  not  to  be 

sued  in  her  courts. 

defendant  in  any  of  her  courts. 

Skc.  21.     No  law  shall  be  passed  except  by  [by]  bill,  and  i-aws  to  be  by  bin. 
no  bill  shall  be  so  altered  or  amended  on  its  passage  through  Amendment     of 

°  *      bills. 

cither  house,  as  to  change  its  original  purpose. 

Sec.  22.  Every  bill  shall  be  read  at  length,  on  three  Passage  cfbiUs. 
different  days,  in  each  house;  unless  the  rules  be 
suspended  by  two-thirds  of  the  house,  when  the  same  may 
be  read  a  second  or  third  time  on  the  same  day ;  and  no  bill 
shall  become  a  law  unless,  on  its  final  passage,  the  vote  be 
taken  by  yeas  and  nays ;  the  names  of  the  persons  voting 
for  and  against  the  same  be  entered  on  the  journal;  and  a 
majority  of  each  house  be  recorded  thereon  as  voting  in  its 
favor. 


14  CONSTITUTION^  OF  THE  [Art.  5. 

Revival,  amend-      Sec.  23.      No   law    shall  be    revivcd,    amended,     or    the 

ment,  and  exten- 
sion, o   aws.       provisions    thereof    extended    or    conferred,    by    referenec 

to  its  title  only ;  but  [but]  so  much  thereof  as  is   revived, 
amended,  extended  or  conferred,  shall  be  reeyacted  and  pub- 
lished at  length.  • 
Classes  of  special      Sec.  24.      The    General    Assembly    shall    not   pass    any 

legislation      pro- 
hibited. \oc-dl    or    special    law    changing     the    venue    in     criminal 

cases ;  changing  the  names  of  persons,  or  adopting  or  legiti- 
mating children;  granting  divorces;  vacating  roads,  streets 
or  alleys. 
Restriction      on      Sec.  25.     In  3,11  cases  whcrc  a  general  law  can  be  made 

special      legisla- 

*'**"•  applicable,    no    special    law   shall    be    enacted;    nor    shall 

the  operation  of  any  general  law  be  suspended  by  the 
legislature  for  the  beuelit  of  any  particular  individual,  cor- 
poration, or  association;  nor  where  the  courts  have  jurisdic- 
tion to  grant  the  powers,  or  the  privileges,  or  the  relief  asked 
for. 

Publication      of      Sec.  26.     No  local  or  special  bill  shall  be  passed,  unless 

nonce    of     local  ^  ^  ' 

b.  jjQ^-^g  ^^^  ^i^g  intention  to  apply  therefor,  shall  have 
been  published,  in  the  locality  where  the  matter  or  the 
thing  to  be  aftected  may  be  situated;  which  notice  shall  be, 
at  least,  thirty  days  prior  to  the  introduction  into  the  Gen- 
eral Assembly  of  such  bill,  and  in  the  manner  to  be  provided 
by  law.  The  evidence  of  such  notice  having  been  published, 
shall  be  exhibited  in  the  General  Assembly  before  such  act 
shall  be  passed. 

Extra  compcnsa-      Sec.  27.     No     cxtra    Compensation    shall    be     made     to 

tion    to     officers. 

pfoTel^  and  con-  ^"J    officcr,    agent,    employe  or   contractor,    after   the  ser- 

tractors. 

Appropriations    vicc  sliall  havc  been  rendered,  or  the   contract  made;  nor 

for      claims,     in 

vided  for°by  pre-  ^hall  any  money  be  appropriated  or  paid  on  any  claim,  the 

existing  laws. 

subject  matter  of  which  shall  not  have  been  provided  for  by 
preexisting  laws;  unless  such  compensation  or  claim,  be 
allowed  by  bil.l  passed  by  two-thirds  of  the  members  elected 
to  each  branch  of  the  General  Assembly. 


Art.  5.]  STATE  OF  ARKANSAS.  15 

Sec.  28.     Neither    house    shall,  without    the   consent   of  Adjournment, 
tlie  other,   adjourn   for  more  than  three   days;  nor  to  any 
other  place   than   that  in  which   the  two   houses  shall  be 
sitting. 

Sec.  29.     No    money  shall   be  drawn   from  the   treasury  Appropriations 

to  be  specific,  and 

except    in    pursuance    of  specific    appropriation    made    by  years';'*    *^    ^"""^ 
law,    the    purpose    of    which     shall    be    distinctly    stated 
in  the  bill,  and  the  maximum  amount  which  may  be  drawn 
shall  be  specified  in  dollars  and  cents ;  and  no  appropriations 
shall  be  for  a  longer  period  than  two  years. 

Sec.  30.     The   general    appropriation   bill   shall    embrace  General        and 

'-'  J.  i        J.  special  appropri- 

nothing  but  appropriations  for  the  ordinary  expense 
of  the  executive,  legislative  and  judicial  departments  of 
the  State;  all  other  appropriations  shall  be  made  by  sepa- 
rate bills  each  embracing  but  one  subject. 

Sec.  31.     No    State  tax    shall  be  allowed,  or   appropria-  Requisites  to  al- 
lowance? of  State 

tion  of  money  made,  except  to  raise  means  for  the  prfations  of  mon- 
ey. 
payment  of  the  just  debts  of  the  State,  for  defraying  the  nec- 
essary expenses  of  government,  to  sustain  common  schools, 
to  repel  invasion  and  suppress  insurrection,  except  by  a 
majority  of  two-thirds  of  both  houses  of  the  General  Assem- 
bly.        . 

Sec.  32.     No  act  of    the  General    Assembly     shall   limit  Redress  forinju- 

ries  to  person  or 

the  amount  to  be  recovered  for  injuries  resulting  in  death ,  property, 
or    for    injuries    to    persons     or     property;    and,    in   case 
of  death  from  such  injuries,  the  right  of  action  shall  survive, 
and  the  General  Assembly  shall  prescribe  for  whose  benefit 
such  action  shall  be  prosecuted. 

Sec.  33.     No    obligation    or    liability    of    any     railroad,  Liabilities  of  cor- 
porations to  the 
or    other   corporation    held    or    owned  by  this  State   shall  ^*''^*' 

ever    be    exchanged,    transferred,   remitted,    postponed,   or 

in  any  way  diminished  by  the  General  Assembly ;  nor  shall 

such  liability  or  obligation  be  released,  except  by  payment 

thereof  into  the  State  treasury. 


16  CONSTITUTION  OF  THE  [Art.  6. 


Bills  not  to   be      g^c.  34.     No  uGw    bill  shall   be   introduced    into   either 

introauced    dur- 

days  of  session,    housc  during  the  last  three  daj's  of  the  session. 


indictment. 


Bribery    of  offi-      Sec.  35.     Any  person    who   shall,  directly   or  indirectly, 

eers. 

offer,  give  or  promise  any  raone}^  or  thing  of  value,  tes- 
timonial, privilege  or  personal  advantage  to  any  execu- 
tive or  judicial  officer,  or  member  of  the  General 
Assembly;  and  any  such  executive  or  judicial  officer,  or 
member  of  the  General  Assembly,  who  shall  receive  or  con- 
sent to  receive  any  such  consideration,  either  directl}-  -or 
indirectly,  to  influence  his  action  in  the  performance  or  non- 
performance of  his  public  or  official  duty,  shall  be  guilty  of 
a  felony,  and  be  punished  accordingly. 
Expulsion       of      Sec.  36.     Proceedings    to    expel   a  member   for  a   crimi- 

member  no  bar  to  r>  i 

nal  offense,  whether  successful  or  not,  shall  not  bar  an 
indictment  and  punishment,  under  the  criminal  laws,  for  the 
same  offense. 


ARTICLE    VI. 

Executive     Department. 
Executive     offi-      SECTION  1.     The  (ex)ecutive  department  of  tliis  State  shall 

eers.  ^       '  ^ 

consist  of  a  Governor,  Secretary  of  State,  Treasurer. of  State, 
?eft*of***govlrn- ^"^it^^  ^^  State,  and  Attorney  General;  all  of  whom  shall 

ment. 

Terms  of  office,    kccp  tliGir  omces  lu  pcrsoii    at  the  seat  of  government  and 

hold  their  offices  for  the  term  of  two  years,  and  until  their 

Commissioner  of  succcssors  are  elected  and  qualified;  and  the  General  Assem- 

State  Lands.  ^ 

bly  may  provide  by  law  for  the  establishment  of  the  office  of 

Commissioner  of  State  Lands. 
Governor.  Sec.  2.     The    Supreme     executive    power    of   this    State 

shall  be  vested  in  a  chief  magistrate,  who  shall  be  styled 

"  the  Governor  of  the  State  of  Arkansas." 
fti^ve'offic^er-f^*^"      ^^^'  ^-     "^^^    Govcmor,    Secretary    of    State,    Treasurer 

of  State,   Auditor   of    State,  and   Attorne}^   General   shall 

be  elected  by  the  qualified  electors  of  the  State  at  large,  at 


Art.  6.]  STATE  OF  ARKAiN^SAS.  17 

the  time  and  places  of  voting  for  members  of  the  General 
Assembly;   the   returns  of  each   election   therefor   shall    be  Returns, 
sealed  ii^^  separately  and  transmitted  to  the  seat  of  govern- 
ment by  the  returning  officers,  and  directed  to  the  Speaker 
of  the  House  of  Representatives ;  who  shall,  durinc^  the  first  Decinnition     of 

^  cluction. 

week  of  the  session,  open  and  publish  the  votes  cast  and 
given  for  each  of  the  respective  officers  hereinbefore  men- 
tioned, in  the  presence  of  both  houses  of  the  General  Assem- 
bly. The  person  having  the  highest  number  of  votes,  for 
each  of  the  respective  offices,  shall  be  declared  duly  elected 
thereto;  but  if  two  or  more  shall  be  equal,  and  highest  in  Case oi  tie.' 
votes  for  the  same  office,  one  of  them  shall  be  chosen  by  the 
joint  vote  of  both  houses  of  the  General  Assembly,  and  a 
majority  of  all  the  members  elected  shall  be  necessary  to  a 
choice. 

Sec.  4.     Contested    elections     for     Governor,     Secretary  contested    ciec- 

j?ciij^m  n    1^  .T  r,    ^  tions   for  execu- 

ot  State,  ireasurer  of  State,  Auditor  of  State,  and  At- tive  officers. 
torney  General  shall  be  determined  by  the  members  of  both 
houses  of  the  General  Assembly,  in  joint  session;  wJio  shall 
have  exclusive  jurisdiction  in  trying  and  determining  the 
same,  except  as  hereinafter  provided  in  the  case  of  special 
elections ;  and  all  such  contests  shall  be  tried  and  determined 
at  the  first  session  of  the  General  Assembly  after  the  election 
in  which  the  same  shall  have  arisen. 
Sec.  5.     'No    person    shall    be    eligible  to  the    office    of  Qualifications  of 

Governor. 

Governor  except  a  citizen  of  the  United  States,  who  shall 
have  attained  the  age  of  thirty  years,  and  shall  have  been 
seven  years  a  resident  of  this  State. 

Sec.  6.     The  Governor  shall   be    Commander-in-chief  of  g 
the   military  and   naval   forces   of    this  State   except  when  ^^^''^"^' 
they  shall  be    called  into  the   actual   service  of   the  United 

States. 

Sec.  7.     He      may     require      information,      in     writing,  May  require  in- 

'-'     formation     from 

from  the  officers   of  the  Executive  Department,  on  any  sub-  tteDliSment 


overnor    to    be 
C  o  m  mander-in- 


18  CONSTITUTION  OF  THE  [Art.  6. 

Execution  of  the  ject  relating  .to  the   duties  of    their  respective   offices;  and 

shall  see  that  the  laws  are  faithfully  executed. 
Messages  to  Gon-      Sec.  8.     He   shall   ffivc   to    the  General    Assembly,  from 

eral  Assembly.  "^ 

time  to  time,  and  at  the  close  of  his  official  term,  to  the 
next  General  Assembly,  information,  by  message,  concerning 
the  condition  and  government  of  the  State ;  and  recommend 
for  their  consideration  such  measures  as  he  may  deem  expe- 
dient. 
Great  Seal  of  the      Sec.  0.     A    scal     of    the    State    shall    be   kept    by    the 

State.  ^  -^ 

Governor,  used  by  him  officially  and  called  the    "  Great  Seal 
of  the  State  of  Arkansas." 
Grants  and  com-      Sec.  10.     All  iifrauts  and   coHimissions  shall  be  issued  in 

missions.  '-' 

the  name,  and   by  the  authority  of  the  State  of  Arkansas  ; 
swaled  with  the  great  seal  of  the  State ;  signed  by  the  Gover- 
nor, and  attested  by  the  Secretary  of  State. 
Persons   ineiigi-      Sec.  11.     No  member   of  Congress,  or  other  person  hold- 

ble    to  office     of  o  ?  ir 

Governor.  -^^^  ^^^^  under  the  authority  of  this  State,  or  of  the  United 

States,  shall  exercise  the  office  of  Governor,  except  as  herein 
provided. 

Death.conviction      Sec.  12.     In  case  of  the  death,  convictiou  ou  impeachment, 

on  impeachment, 

^y.^of  Govlmw'  failure  to  qualify,  resignation,  absence  from  the  State,  or 
other  disability  of  the  Governor,  the  powers,  duties,  and 
emoluments  of  the  office  for  the  remainder  of  the  term,  or 
until  the  disability  be  removed,  or  a  Governor  elected  and 
qualified,  shall  devolve  upon,  and  accrue,  to  the  President  of 
the  Senate. 

Impeachment  or      Sec.  13.     If,  during  the  vacaucy  of  the  officc  of  Govemor, 

other     disability  '  o  ./  i 

Senate!  acting  as  the  President  of  the  Senate  shall  be  impeached,  removed  from 

Governor. 

office,  refuse  to  qualify,  resign,   die,  or  be   absent  from   the 
State  ;  the  Speaker  of  the  House  of  Representatives  shall,  in 
like  manner,  administer  the  government. 
Election  to    fill      Sec.  14.     Whenever  the  office  of  Governor  shall  have  be- 

vacancy  in  office 

of  Governor.  come  vacaut  by  death,  resignation,  removal  from  office  or 
otherwise,  provided  such  vacancy  shall  not  happen 
within  twelve  months  next  before  the  expiration  of  the  term 


Art.  6.]  STATE  OF  ARKANSAS.  19 

of  office  for  which  the  late  Governor  shall  have  been  elected, 
the  President  of  the  Senate  or  Speaker  of  the  House  of  Rep- 
resentatives, as  the  case  may  be,  exercising  the  powers  of 
Governor  for  the  time  being,  shall  immediately  cause  an  elec- 
tion to  be  held  to  fill  such  vacancy,  giving,  by  proclamation, 
sixty  days  previous  notice  thereof,  which  election  shall  be 
governed  by  the  same  rules  prescribed  for  general  elections 
of  Governor  as  far  as  applicable ;  the  returns  shall  be  made  Returns, 
to  the  Secretary  of  State,  and  the  acting  Governor,  Secretary 
of  State  and  Attorney  General,  shall  constitute  a  board  of 
canvassers,  a  majority  of  whom  shall    compare  said  returns, 

and  declare  who  is  elected  :  and  if  there  be  a  contested  elec- contested    elec- 
tion. 

tion,  it  shall   be  decided  as  ma}^  be  provided  by  law. 

Sec.  15.     Every     bill     which     shall     have     passed    both  buis  to  be  pre- 
sented    to    (iov- 

houses  of  the  General   Assembly,  shall  be  presented  to  the  ^[""'"^"'■"i"^''"^- 
Governor ;  if  he  approve  it,  he  shall  sign  it ;  but  if  he  shall  Proceedings     in 

case  of  veto. 

not  approve  it,  he  shall  return  it,  with  his  objections,  to  the 
house  in  which  it  originated ;  which  house  shall  enter  the 
objections  at  large  upon  their  journal,  and  proceed  to  recon- 
sider it.  If,  after  such  reconsideration,  a  majority  of  the 
whole  number  elected  to  that  house,  shall  agree  to  pass  the 
bill,  it  shall  be  sent^  with  the  objections,  to  the  other  house  ; 
by  which,  likewise,  it  shall  be  reconsidered;  and,  if  approved 
by  a  majority  of  the  whole  number  elected  to  that  house,  it 
shall  be  a  law;  but  in  such  cases,  the  votes  of  both  houses, 
shall  be  determined  by  "yeas  and  nays;"  and  the  names  of 
the  members  voting  for  or  against  the  bill,  shall  be  entered 
on  the  journals.     If  any  bill  shall  not  be  returned  by  the  Bin  not  returned 

within   five  days. 

Governor  within  five  days,  sunday   excepted,  after  it  shall  *°  ^^^co'^e  a  law. 

have  been  presented  to  him,  the  same  shall  be  a  law  in  like 

manner  as  if  he  had  signed  it;  unless  the  General  Assembly,  piiis  passed  dur- 
ing last  five  days 

by  their  adjournment,  prevent  its  return;  in  which  case  it  "f ««»'''0'»- 
shall  become  a  law,  unless  he  shall  file  the  same,  with  his 
objections,  in  the  office  of  the  Secretary  of  State,  and  give 


20  COKSTITUTION  OF  THE  [Art.  6. 

notice  thereof,  by  public  proclamation,  within  twenty  days 
after  such  adjournment. 
Concurrent    or-      Sec.  16.     Evcry   Order  or    resolution    in    which  the  con- 

ders  and    resolu- 

sinted  to  Govern- ^"^'•'^^^^^  ^^  ^^^^^  houscs  of  the  General  Assembly  may  be 

or  for  approval.  ..  ,.       t  .        i      n  u 

necessary,  except  on  questions  or  adjournment,  shall  be  pre- 
sented to  the  Governor,  and,  before  it  shall  take  effect,  be 
Proceedings-  in  approved  by  him;  or,  being  disapproved,  shall  be    repassed 

case  of  veto. 

by  both  houses,  according  to  the  rules  and  limitations  pre- 
scribed in  the  case  of  a  bill. 
Veto  of  items  of      Sec.  17.     The  Govcmor  shall  have  power  to  disapprove 

a  p  p  r  o  p  r  i  ation 

'""^'  any    item  or  items,  of  any   bill   making    appropriation    of 

money,  embracing  distinct  items ;  and  the  part  or  parts  of 

Proceedings     in  the  bill  approvcd  sliall  be  the  law;  and  tlie  item  or  items  of 

such  case.  ^  ^ 

appropriations  disapproved,   shall  be  void  unless  repassed 
according  to  the  rules  and  limitations  prescribed  for  the  pas- 
sage of  other  bills  over  the  executive  veto. 
General  pardon-      Src.  18.     In  all  crimim.1  and  penal  cases,  except  in  those 

ing  power  • 

of  treason  and  impeachment,  the  Governor  shall  have  power 

to  grant  reprieves,  commutations  of  sentence,  and  pardons, 

after  conviction ;  and  to  remit  fines  and  forfeitures,  under  such 

Pardoning  power  rulcs  and  regulations  as  shall  be  prescribed  by  law.     In  cases 

in  cases  of  trea- 

^"°'  of  treason,  he  shall  have  power,  by  and  with  the  advice  and 

consent  of  the  Senate,  to  grant  reprieves  and  pardons;  and  he 
may,  in  the  recess  of  the  Senate,  respite  the  sentence  until 
the  .adjournment  of  the  next  regular  session  of  the  General 

Information  con-  Assembly.      He  shall  communicate  to  the  General  Assembly 

cerning.  pardons, 

^unicsite^d^to  iit  cvcry  regular  session  each  case  of  reprieve,  commutation 

General     Assem- 

^^^-  or  pardon,  with  his  reasons  therefor;  stating  the  name  and 

crime  of  the  convict,  the  sentence,  its  date,  and  the  date  of 
the  commutation,  pardon  or  reprieve. 

Extra  sessions  of      Sec.  19.     The  Govcmor  may,  by  proclamation  on  extra- 

General     Assem- 

cition  "eVs^where  Ordinary  occasious,  convene  the  General  Assembly  at  the  seat 

than    at   seat    of 

government.        of  government,  or  at  a  different   place,  if  that  shall  have 
become,  since  their  last   adjournment,  dangerous  from   an 


Art.  6.]  STATE  OF  ARKANSAS.  21 

enemy  or  contagious  disease;  and  he  shall  specify  in  his 
proclamation  the  purpose  for  which  they  are  convened;  and 
no  other  business  than  that  set  forth  therein  shall  be  trans- 
acted until  the  same  shall  have  been  disposed  of;  after  which 
they  may,  by  a  vote  of  two  thirds  of  all  the  members  elected 
to  both  houses,  entered  upon  their  journals,  remain  in  session 
not  exceeding  fifteen  days. 

Sec.  20.     In  cases  of  disagreement  between  the  two  houses  case  of  disagree- 

"  ment,  in  General 

of  the  General  Assembly,  at  a  regular  or  special  session,  with  time™of  adjSuru- 

uient. 

respect   to  the  time  of  adjournment,  the  Governor  may,  if 

the  facts  be  certified  to  him  by  the  presiding  officers  of  the 

two  houses,  adjourn  them  to  a  time  not  beyond  the  day  of 

their  next  meeting;  and  on  account  of  danger  from  an  enemy 

or  disease,  to  such  other   place  of  safety  as  he  may  think 

proper. 

Sec.  21.     The    Secretary  of  State  shall    keep  a   full   and  Duties  of  Secre- 
tary of  State. 

accurate  record  of  all  the  official  acts  and  proceedings  of  the 
Governor;  and,  when  required,  lay  the  same  with  all  papers, 
minutes  and  vouchers  relating  thereto,  before  either  branch 
of  the  General  Assembly.     He  shall  also  discharge  the  duties    Superintendent 

of  Public  Instruc- 

of    Superintendent    of  Public   Instruction,    until   otherwise  ^'°"" 
provided  by  law. 

Sec.  22.     The  Treasurer  of  State,  Secretary  of  State,  Audi-  Duties  of   other 

officers  of  Execu- 

tor  of  State,  and  Attorney  General  shall  perform  such  duties  tive  Department, 
as  may  be  prescribed  by  law;  they  shall  not  hold  any  other  Theirdisquaiifica- 

tion  to  hold  other 

office  or  commission,  civil  or  military,  in  this  State  or  under  ^^^^- 

any  State,  or  the  United  States,  or  any  other  power,  at  one 

and  the  same  time;  and  in  case  of  vacancy  occurring  in  any  vaca'ncies  in 

.  their  offices. 

ot  said  offices,  by  death,  resignation  or  otherwise,  the  Gov- 
ernor shall  fill  said  office  by  appointment  for  the  unexpired 
term. 

Sec.  23.     When  any  office,  from  any  cause,  may  become  v  a  e  a  n  c  i  e  s  in 

,  office,    not    else- 

vacant,  and  no  mode  is  provided  by  the  constitution  and  laws  J^^ere    provided 

for  filling  such  vacancy,  the  Governor  shall  have  the  power 

to  fill   the    same   by  granting   a   commission,   which   shall 


22  .  CONSTITUTIOI^  OF  THE  [Art.  7. 

expire  when  the  person  elected  to  till  said  office,  at  the  next 
general  election,  shall  be  duly  qualified. 


ARTICLE  Vll. 

Judicial  Department. 
Judicial    power.      SECTION  1.     The  judicial  powcr  of  the  State  shall  be  vcstcd 

where  vested. 

in  one  Supreme  Court;  in  circuit  courts;  in  County  and  Pro- 
Estabiishment  of  bate  Court8;and  in  Justices  of    the  Peace.      The  General 

additional  courts. 

Assembly  may  also   vest  such  jurisdiction  as  may  be  deemed 
necessary  in  municipal  corporation  Courts,  Courts  of  Com- 
mon Pleas,  where  established ;  and,  when  deemed  expedient, 
may  establish  separate  courts  of  chancer3^ 
Supreme   Court.      Sec.  2.     The   Supreme  Court  shall  be  composed  of  three 
Chief  Justice.      Judgcs,  ouc  of  whom    shall   be  styled  Chief  Justice,    and 
Quorum.  elected  as  such  ;  any  two  of  whom  shall  constitute  a  quorum, 

and  the  concurrence  of  two  Judges  shall,  in  every  case,  be 
necessary  to  a  decision. 
Increase  ofnum-      Sec.  3.     Whcu  the  population  of  the  State  shall  amount 

ber  of  Judges   of 

Supreme  Court.  |.^  ^^^  million,  the  General  Assembly  may,  if  deemed  neces- 
sary, increase  the  number  of  Judges  of  the  Supreme  Court  to 
five;  and,  on  such  increase,  a  majority  of  Judges  sViall  be 
necessary  to  make  a  quorum  or  a  decision . 

General  jurisdic-      Sec.  4.     The  Supreme   Court,  except  in  cases   otherwise 

tion   ot   bupreme  ^  '- 

provided  by  this  Constitution,  shall  have  appellate  jurisdic- 
tion only;  which  shall  be  coextensive  with  the  State,  under  such 
restrictions  as  may  from  time  to  time  be  prescribed  by  law. 
It  shall  have  a  general  superintending  control  over  all  inferi- 
or courts  or  law  and  equity ;  and,  in  aid  of  its  appellate  and 
supervisory  jurisdiction,  it  shall  have  power  to  issue  writs  of 
error,  and  supersedeas,  certiorari,  habeas  corpus,  prohibition, 
mandamus,  and  quo  warranto,  and  other  remedial  writs ;  and 
Jurisdiction  to  hear  and  determine  the  same.     Its  Judges  shall  be  con- 

ol  i  n  d  i  V  i  d  u  a  1  '^ 

preme  Court. '^"'  scrvators  of  the  peace  throughout  the  State,  and  shall  sever- 
ally have  power  to  issue  any  of  the  aforesaid  writs. 


Art.  7.]  STATE  OF  AEKANSAS.  23 

Sec.  5.      In    the    exercise    of    original    iurisdictiou,   the  Jurisdiction     of 

'-'  "^  Supreme  Court  in 

Supreme  Court  shall  have  power  to  issue  writs  of  quo  war-  "'"'  '"«''"*""'• 
ranto  to  the  Circuit  Judges  and  Chancellors,  when  created, 
and  to  officers  of  Political  Corporations  when  the  question 
involved  is  the  legal  existence  of  such  corporations. 

Sec.  6.     A   Jud^e  of  the  Supreme  Court  shall  be  at  least  Qualifications  of 

•^  ^  JurlKes     of     bu- 

thirty  years  of  age,  ol  good  moral  character,  and  learned  in 
the  law ;  a  citizen  of  the  United  States,  and  two  years  a  resi- 
dent of  the  State ;  and  who  has  been  a  practicing  lawyer 
eight  years,  or  whose  service  npon  the  bench  of  any  Court  of 
Kecord,  when  added  to  the  time  he  may  have' practiced  law, 
shall  be  equal  to  eight  years.  The  Judges  of  the  Supreme  Election. 
Court  shall  be  elected  by  the  qualified  electors  of  the  State, 
and  shall  hold  their  offices  during  the  term  of  eight  years  Termor  office, 
from  the  date  of  their  commissions ;  but  at  the  first  meeting 
of  the  Court,  after  the  first  election  under  this  Constitution, 
the  Judges  shall,  by  lot,  divide  themselves  into  three  classes  ; 
one  of  which  shall  hold  his  office  for  four,  one  for  six,  and 
the  other  for  eight  years;  after  which,  each  Judge  shall  be 
elected  for  a  full  term  of  eight  years.  A  record  shall  be 
made  in  the  court  of  this  classification. 

Sec.  7.     The  Supreme  Court  shall  appoint  its  Clerk  and  cierk  nnd    Re- 
porter of  Supreme 

Reporter,  who  shall  hold  their  offices  for  six  years,  subject  to  Termof  office, 
removal  for  good  cause. 

Sec.  8.     The  terms  of  the  Supreme  Court  shall  be  held  at  Terms    of    Su- 
preme Court, 
the  seat  of  government,  at  the  times  that  now  are,  or  may  be, 

provided  by  law. 

Sec.  9.     In  case  all,  or  any  of  the  Judges  of  the  Supreme  Special     Judges 

of     Supreme 

Court  shall  be  disqualified  from    presiding  in  any  cause  or  ^''"'■''• 
causes,  the  Court,  or  the  disqualified  Judge,  shall  certify  the 
same,  to  the  Governor,  who   shall   immediately  commission 
the  requisite  number  of  men  learned  in  the  law,  to  sit  in  the 
trial  and  determination  of  such  causes. 


24  CONSTITUTION  OF  THE  [Art  7. 

Compensation  of      Seg.  10.     The  Supreme  Judges  shall  at  stated  times,  re- 

Supreme  Judges. 

ceive  a  compeiisatiou  for  their  services  to  be  ascertaiued  by 

law,    which  shall  not  be,  after  the  adjournment  of  the  next 

General  Assembly,    diminished  during  the  time  for  which 

Their  disquaiifi-  they  shall  have  been  elected.     They  shall  not  be  allowed  any 

cation    to     hold 

other  office.  f^^^  ^^  perquisites  of  ofl&ce,  nor  hold  any  other  office,  nor 
hold  any  office  of  trust  or  profit  under  the  State  or  the  United 
States. 

Jurisdiction     of      Sec.  11.     The  circuit  court   shall   have  jurisdiction  in  all 

Circuit  Courts. 

civil  and  criminal  cases,  the  exclusive  jurisdiction   of  which 
may  not  be  vested  in  some   other  court  provided  for  by  this 
Constitution. 
Terms  of  Circuit      Skc.  12.     The  Circuit  Courts  shall  hold  their  terras  in  each 

Courts. 

county,  at  such  times  and  places  as  are,  or  may  be,  prescribed 
by  law. 

Judicial  circuits.  Sec.  13.  The  State  shall  be  divided  into  convenient  cir- 
cuits, each  circuit  to  be  made  up  of  contiguous  counties,  for 

Judge  of  Circuit  cacli  of  which  circuits  a  Judge  shall  be  elected ;  who,  during 

Court    to     reside 

to/ of  ^"eacrfn  ^^^^  coutinuancc  in  office,  shall  reside  in  and  be  a  conservator 

his  circuit. 

of  the  peace  within  the  circuit  for  which  he  shall  have  been 
elected. 
Superintending        Sec.  14.     The  circuit  courts  shall  exercise  a  superintend- 

and  appellate  ju- 

cuit'cou?ts.^  ^"'  ing  control  and  appellate  jurisdiction  over  County,  Probate, 
Court  of  Common  Pleas,  and  Corporation  Courts  and  Jus- 
tices of  the  Peace  ;  and  shall  have  power  to  issue,  hear  and 
determine  all  the  necessary  writs  to  carry  into  effect  their 
general  and  specific  powers,  any  of  which  writs  may  be  issued 
upon  order  of  the  Judge  of  the  appropriate  court  in  vaca- 
tion. 

Equity  jurisdic-      Sbc.  15.     Until  the  General  Assembly  shall  deem  it  expe- 

tion    of     Circuit  ''  ^ 

dient  to  establish  Courts  of  Chancery,  the  Circuit  Courts 
shall  have  jurisdiction  in  matters  of  equity,  subject  to  appeal 
to  the  Supreme  Court,  in  such  manner  as  may  be  prescribed 
by  law. 


Art.  7.]  STATE  OF  ARKANSAS.  25 

Sec.  16.     A  Jud^e  of  the  Circuit  Court  sluill  be  a  citizen  OuaiificaUons  of 

^  Judges  of  Circuit 

of  the  United  States,  at  least  twenty  eight  years  of  age,  of  ^"'"^'^* 
good  moral  character,  learned  in  the  law,  two  years  a  resi- 
dent of  the  State,  and  shall  have  practiced  law  six  years,  or 
whose  service  upon  the  bench  of  any  court  of  record,  when 
added  to  the  time  he  may  have  practiced  law,  shall  be  equal 
to  six  years. 

Sec.  17.     The  Judges  of  the  Circuit  Courts  shall  be  elected  Election   of 

Judges  of  Circuit 

by  the  qualified  electors  of  the  several  circuits,  and  shall  Term  of  office. 
hold  their  offices  for  the  term  of  four  years. 

Sec.  18.     The  Judges  of  the  Circuit  Courts  shall  at  stated  Compensation  of 

Judges  of  Circuit 

times,  receive  a  compensation  for  their  services  to  be  ascer-  ^""""'s- 

tained  by  law;  which  shall  not  after  the  adjournment  of  the 

first  session  of  the  General  Assembly,  be  diminished  during 

the   time   for   which  they   are   elected.     They  shall  not  be 

allowed  any  fees  or  perquisites  of  office,  nor  hold  any  other  Disqualification 

to   hold  other 

office  of  trust  or  profit  under  this  State  or  the  United  States.  "®*'®- 

Sec.  19.     The  clerks  of  the  Circuit  Court  shall  be  elected  cierks  of  circuit 

Courts.  Election. 

by  the  qualified  electors  of  the  several  counties,  for  the  term  Term  of  office. 
of  two  years,  and  shall  be  ex-officio  clerks,  of  the  County  to  be  ex  oMcio 

County  and   Pro- 

and  Probate  Courts,  and  Recorder;  provided,  that  in  any  [f^^^^^JJIl^^g^^*  *"•* 

,      1         .  ,       .  T.  .  .  ,  ,  Separate    County 

county  having  a  population  exceeding  fifteen  thousand  iiihab-  cierks  in  certain 

^  ^       ^     t-  r>  counties. 

itants,  as  shown  by  the  last  federal  s(c)ensus,  there  shall  be 
elected  a  county  clerk,  in  like  manner  as  clerk  of  the  Circuit 
Court,  who  shall  be  ex-officio  Clerk,  of  the  Probate  Court  of  To  be  ex  officio 

Probate  Clerk. 

said  County. 


Sec  20.  "  No  Judge  or  Justice  shall  pri(e)side  in  the  trial  interest,  consan- 
guinity,   etc.,  to 
of  any  cause  in  the  event  of  which  he  may  be  interested,  or  from  presidlnglt 

I  •    1  ♦  ^1  trial. 

Where  eithCr  of  the  parties  shall  be  connected  with  him  by 
consanguinity  or  affinity,  within  such  degree  as  may  be  pre- 
scribed by  law  ;  or  in  which  he  may  have  been  of  counsel ;  or 
have  presided  in  any  inferior  Court. 

Sec  21.     Whenever  the   office   of  Judge   of  the   Circuit  Special     Judges 

,  *"  of  Circuit  Courts. 

Court  of  any  county  is  vacant  at  the  commencement  of  a 


26  CONSTITUTION  OF  THE  [Art.  7. 

term  of  such  Court,  or  the  Judge  of  said  Court  shall  fail  to 
attend,  the  regular  practicing  attorneys  in  attendance  on  said 
Court,  may  meet  at  10  o'clock  A.  M.  on  the  second  day  of 
the  term  and  elect  a  Judge  to  preside  at  such  Court,  or  until 
the  regular  Judge  shall  appear :  and  if  the  Judge  of  said 
court  shall  become  sick,  or  die,  or  unable  to  continue  to  hold 
such  Court  after  its  term  shall  have  commenced,  of  shall 
from  any  cause  be  disqualified  from  presiding  at  the  trial  of 
any  cause  then  pending  therein,  then  the  regular  practicing 
attorneys  in  attendance  on  said  court  may  in  like  manner,  on 
notice  from  the  Judge,  or  clerk  of  said  Court,  elect  a  Judge 
Powersof  Special  to   prcsidc    at  such   Court,  or  to  try  said  causes;  and  the 

Judges. 

attorney  so  elected  shall  have  the  same  power  and  authority 
in  said  Court  as  the  regular  Judge  would  have  had  if  present 
and  presiding;  but  this  authority  shall  cease  at  the  close  of 
the  term  at  which  the  election  shall  be  made.  The  proceed- 
Their    quaiifica-  ings  shall  be  entered  at  large  upon  the  record.     The  special 

tions. 

Judge  shall  be  learned  in  the  law,  and  a  resident  of  the 
State. 

Sec.  22.  The  Judges  of  the  Circuit  Courts  may  tempor- 
arily exchange  circuits,  or  hold  courts  for  each  other  under 
such  regulations  as  may  be  prescribed  by  law. 

Exchange  of  cir-  Sec.  23.  Judgcs  shall  uot  chargc  Juries  with  regard  to 
matters  of  fact,  but  shall  declare  the  law  ;  and,  in  jury  trials 
shall  reduce  their  charge  or  instructions  to  writing,  on  the 
request  of  either  party. 

Prosecuting  At-      Sec.  24.     The  qualified  clcctors  of  each  circuit  shall  elect 

torneys. 

Term  of  office.      a  Prosecutiug  Attomcy,  who  shall  hold  his  office  for  the  term 
Qualifications,     of  two  ycars ;  and  he  shall  be  a  citizen  of  the  United  States, 

learned  in  the  law,  and  a  resident  of  the  circuit  for  which  he 

may  be  elected. 
Judges    prohibi-      Sec.  25.     The  Judgcs  of  the  Supreme,  Circuit,  or  Chancery 

ted  from  practis-  *  i:  '  ?  J 

ing  aw.  Courts  shall  not,  during  their  continuance  in  ofiice,  practice 

law,  or  appear  as  counsel  in  any  court — State  or  Federal — 
within  this  State. 


Art.  7.]  STATE  OF  AKKANSAS.  27 

Sec.  26.     The    General   Assembly    shall  have   power  to  Contempts  not  in 

presence  of  court 

regulate,  by  law,  the  punishment  of  Contempts ;  not  committed  of  proelss.^*^'"'"^^ 
in  the  presence  or  hearing  of  the  Courts,  or  in  disobedience 
of  process. 

Sec  27.     The  Circuit  Court  shall  have  jurisdiction  upon  Removal  of  coun- 
ty and  township 

information,    presentment    or   indictment,    to   remove  any  °®''®''^- 
county   or  township  officer  from   office    for   incompetency, 
corruption,  gross  immoi'ality,  criminal  conduct,  malfeasance, 
misfeasance,  or  nonfeasance  in  office. 

Sec.  28.     The  county  courts  shall  have  exclusive  original  Jurisdiction     of 

County  Courts. 

jurisdiction  in  all  matters  relating  to  county  taxes,  roads, 
bridges,  ferries,  paupers,  bastardy,  vagrants,  the  apprentice- 
ship of  minors,  the  disbursement  of  money  for  county  pur- 

» 
poses,  and  in  every  other  case  that  may  be  necessary  to  the 

internal  improvement  and  local  concerns  of  the   respective 

counties.     The  County  Court  shall  be  held  by  one  Judge,  county  Court  to 

be     iield    by    one 

except  in  cases  otherwise  herein  provided.  •'"^^°" 

Sec  29.     The  Judge  or  the  County  Court  shall  be  elected  Judges  of  county 

Courts. 

by  the  qualified  electors  of  the  county,  for  the  term  of  two  Term'o" 'office. 
years.     He  shall  be  at  least  twenty  five  years  of  age,  a  citizen  Qualifications, 
of  the  United   States,  a  man  of  upright  character,  of  good 
business  education,  and  a  resident  of  the  State,  for  two  years 
before  his  election;  and  a  resident  of  the  County  at  the  time 
of  his  election,  and  during  his  continuance  in  office. 
Sec  30.     The  Justices  of  the  Peace  of  each  county  shall  Quorum   of  the 

county. 

sit  with  and  assist  the  County  Judge  in  levying  the  county  i*"*^*'''^- 
taxes,  and  in  making  appropriations  for  the  expenses  of  the 
county, in  the  manner  to  be  prescribed  by  law;  and  the  County  Majority  must  sit. 
Judge,  together  with  a  majority  of  said  Justices,  shall  con- 
stitute a  quorum  for  such  purposes;  and  in  the  absence  of  the 
County  Judge  a  majority  of  the  Justices  of  the  Peace  may 
constitute  the  Court,  who  shall  elect  one  of  their  number  to 

preside.     The  General  Assembly  shall  regulate  by  law   the  compulsory    at- 
tendance, 
manner  of  compelling  the  attendance  of  such  quorum. 


28  CONSTITUTION  OF  THE  [Art.    7. 

Terms  of  County      Sec.  31,     The  terms  of  the  county  courts  shall  be  held  at 

Courts. 

the  times  that  are  now  prescribed  for  holding  the  Supervi- 
sors' courts,  or  may  hereafter  be  prescribed  by  law. 
Courts  of  Com-      Sec.  32.     The  General  Assembly  may  authorize  the  Judge 

mon  Pleas, 

of  the  County  Court  of  any  one  or  more  counties,  to  hold 
severally    a    quarterly    Court    of   Common    Pleas,   in  their 

Jurisdiction.  respcctivc  Couutics ;  which  shall  be  a  court  of  record,  with 
such  jurisdiction  in  matters  of  contract  and  other  civil 
matters,  not  involving  title  to  real  estate,  as  may  be  vested  in 
such  court. 

Appeals  from      Sec.  33.     Appeals  from  all  iud^ments  of  County  Courts  or 

County       Courts  ^  ^  '        ^  "^ 

Co?nmSn'pflas.°*^  Courts  of  Commoii  Flcas,  when  established,  may  be  taken  to 
the  Circuit  Court  under  such  restrictions  and  regulations  as 
may  be  prescribed  by  law. 

Courts  of    Pro-      Sec.  34.      The  Judo^e    of  the    County  Court  shall  be  the 

bate.  '^  *^ 

Jurisdiction.  Judgc  of  the  Court  of  Probate,  and  liave  such  exclusive 
original  jurisdiction  in  matters  relative  to  the  probate  of 
wills,  the  estates  of  deceased  persons,  executors,  administra- 
tors, guardians,  and  persons  of  unsound  mind,  and  their 
estates,   as  is  now  vested  in  the  Circuit  Court,  or  may  be 

Terms.  hereafter  prescribed  by  law.     The  regular  terras  of  the  Court 

of  Probate  shall  be  held  at  the  times  that  may  hereafter  be 
prescribed  by  law. 

Appeals  from      Sec.  35.     Appeals    may    be  taken   from   iudffments  and 

Probate  Courts.  ci  J  J       b 

orders  of  the  Probate  Court  to  the  Circuit  Court,  under  such 
regulations  and  restrictions  as  may  be  prescribed  by  law. 
Special     Judges      Sec.  36.     Whenever  a  Judge  of  the  Countj^  or    Probate 

for   County     and 

Probate  Courts.  Court  may  bc  disqualified  from  presiding,  in  any  cause  or 
causes  pending  in  his  court,  he  shall  certify  the  facts  to  the 
Governor  of  the  State,  who  shall  thereupon  commission  a 
special  Judge  to  preside  in  such  cause  or  causes  during  the 
time  said  disqualification  may  continue,  or  until  such  cause  or 
causes  may  be  finally  disposed  of. 

Compensation  of      Sec.  37.     The  Couuty  Judgc  shall  receive  such  compensa- 

County  Judge.  ./  ^- 

tion  for  his  services  as  presiding  Judge  of  the  County  Court, 


Art.  7.]  STATE  OF  ARKANSAS.  29 

as  Judge  of  the  Court  of  Probate,  and  Judge  of  the  Court  of 
Common  Pleas,  when  established,  as  ma}^  be  provided  by 
law.     In  the  absence  ot  the  circuit  Judge  from  the  county.  His   jurisdiction 

in  absence  of  Cir- 

the  County  Judge  shall  have  power  to  issue  orders  for  county"'^^''  ^^^^ 
injunction  and  other  provisional  writs  in  their  counties, 
returnable  to  the  Court  having  jurisdiction;  provided,  that 
either  party  may  have  such  order  reviewed  by  any  superior 
Judge  in  vacation  in  such  manner  as  shall  be  provided  by 
law.  The  County  Judge  shall  have  power,  in  the  absence  of 
the  Circuit  Judge  from  the  county,  to  issue,  hear  and  deter- 
mine writs  of  habeas  corpus,  under  such  regulations  and 
restrictions  as  shall  be  provided  by  law\ 

Sec.  38.     The   qualified  electors  of  each   township  shall  justices  of    the 

Peace.    Election. 

elect  the  Justices  of  the  Peace  for  the  term  of  two  j^ears ;  i^^^^^  ^f  ^g.^^ 
who  shall  be  commissioned  by  the  Governor,  and  their  otiiciai  Commission. 
oath  shall  be  indorsed  on  the  commission. 

Sec.  39.     For  every  two  hundred  electors  there  shall  be  Number  of  Jus- 
tices of  the  Peace. 

elected  one  Justice  of  the  Peace ;  but  every  township,  how- 
ever small  shall  have  two  Justices  of  the  Peace. 

Sec.  40.     They  shall  have  original  iurisdiction  in  the  fol-  Jurisdiction     of 

•^  &  .»  .Justices    of     the 

lowing  matters  :     First — Exclusive  of  the  Circuit  Court,  in  /sr*^Exoiusive  of 

Circuit  Court. 

all  matters  of  Contract  Avhere  the  amount  in  controversy 
'  does  not  exceed  the  sum  of  one  hundred  dollars,  excluding 
interest;  and  concurrent  jurisdiction  in  matters  of  contract, 
where  the  amount  in  controversy,  does  not  exceed  the  sum 
of  three    hundred  dollars,    exclusive    of    interest — Second  2d,    Concurrent 

with      C  i  r  c  u  i  t 

— Concurrent   jurisdiction    in    suits    for    the    recovery    of^""""^" 
personal  property,   where   the   value   of  the  property  does 
not   exceed  the   sum    of    three    hundred    dollars;    and    in 
all    matters   of    damage  to  personal    property    where    the 
amount   in   controversy   does  not  exceed  the   sum   of   one 

hundred  dollars.  Third — Such  jurisdiction  of  misdemeanors  3d.  in  misde- 
meanors. 

as  is  now,  or  may  be  prescribed  by  law.  Fourth— To  sit  as  4th,  As  examin- 
ing courts; 

examining    Courts    and    commit,    discharge^    or    recognize 


30  CONSTITUTION  OF  THE  [Art  7. 


offenders  to  the  court  having  jurisdiction,  for  further  trial 
ke^pihe  Jiace***  ^^^  ^^  ^^"^  pcrsons  to  keep  the  peace  or  for  good  behavior, 
th,  To  issue  pro-  Fifth — For  the  foregoing  purposes,  they  shall  have  power  to 


cess. 


6th,  As  conserv-  issuc  all   neccssary  process.        Sixth — They   shall   be    con- 
tors  of  the  peace.  "^ 

Denied   juris-  scrvators  of  tlic  pcacc  witliiu  their  respective  counties.    Pro- 
diction  in  quos-  ^ 

tionsofiand.       yjjjgj^   ^  Justicc  of  the  Pcacc  shall  not  have  jurisdiction 

where  a  lien  on  land,  or  title  or  possession  thereto  is 
involved. 

Qualifications  of     Sec.  41.     A  Justicc    of   the  Pcacc  shall  be  a    qualified 

Justices    of     the  -^ 

Peace.  elcctor   ^.ud    a  resident  of  the   township  for  which   he   is 

elected. 
Appeals    from      Sec.  42.     Appeals  may  be  taken  from  the  final  judgments 

Justices   of     the 

Peace.  ^£  ^^^q  Justiccs  of  the  Pcacc,  to  the   Circuit  Courts,   under 

such  regulations  as  are  now,  or  may  be  provided  by  law. 
Jurisdiction    o  f     Sec.  43.     Corporation  Courts,  for  towns  and  cities,  may  be 

Corporation  ^  '  ^  .J 

invested  with  jurisdiction  concurrent  with  Justices  of  the 
Peace  in  civil  and  criminal  matters,  and  the  General 
Assembly  may  invest  such  of  them  as  it  may  deem  expedient 
with  jurisdistion  of  any  criminal  offences  not  punishable  by 
death,  or  imprisonment  in  the  penitentiary,  with  or  without 
indictment,  as  may  be  provided  by  law ;  and,  until  the 
General  Assembly  shall  otherwise  provide,  they  dhall  have 
the  jurisdiction  now  provided  by  law. 
Pulaski  Chance-      Sec.  44.     The  Pulaski   Chancery   Court   shall  continue  in 

ry  Court. 

existence  until  abolished  by  law  or  the  business   pending  at 

the  adoption  of  this  Constitution  shall  be  disposed  of,  or  the 

Term  of  office  of  pending  busiucss  be  transferred  to  other  courts.     The  Judge 

Judge  and  Clerk. 

and  clerk  of  said  Court  shall  hold  oflace  for  the  term  of  two 
Election.  ycars ;  and   shall  be    elected   by  the  qualified  voters  of  the 

Proceedings reia-  State.    All  suits  and  proceedings  which  relate  to  sixteenth  sec- 

tive  to  Sixteenth 

Section  Lands,     ^-^y  lauds,  or  to  moucy  duc  for  said  lands  shall  be  transferred 
■  to  the  respective  counties,  where   such  lands  are  located,  in 
such  manner  as  shall  be  provided  by  the  General  Assembly 
at  the  next  session. 


i 


Art.  7.]  STATE  OF  ARKAN^SAS.  31 

Sec.  45.     The  Separate  Crimiual  Courts  established  in  this  Separate  Crimi- 
nal Courts  abol- 

State  are  hereby  abolished,  and   all  the  juri8d(ic)tion  exer-  Their*    jurisdic- 
tion   transferred 

cised  by  said  Criminal  Courts  is  vested  in  the  Circuit  Courts  *«  Circuit  Courts. 
of  the  respective  counties;  and  all  causes  now  pending 
therein  are  hereby  transferred  to  said  Circuit  Courts  respect- 
ively. It  shall  be  the  duty  of  the  clerks  of  said  Criminal  Their  records. 
Courts  to  transfer  all  the  records,  books  and  papers  pertain- 
ing to  said  Criminal  Courts  to  the  Circuit  Courts  of  their 
respective  counties. 

Sec.  46."    The  qualified  electors  of  each  county  shall  elect  County  executive 

^  "^  officers. 

one  Sheriff,  who  shall  be  ex-ofiicio  collector  of  taxes,  unless 

otherwise  provided  by  law ;  one   Assessor,  one  Coroner,  one 

Treasurer,  who  shall  be  ex-officio   treasurer   of  the  common 

school  fund  of  the  county,  and  one  County  Surveyor;  for  the  Term  of  office, 

term  of  two  years,  with  such  duties  as  are  now  or  may  be 

prescribed   by   law :     Provided,   that  no  per    centum    shall  Compensation  of 

Assessors. 

ever  be  paid  to  Assessors  upon  the  valuation  or  assessment  of 
property  by  them. 

Sec  47.     The  qualified   electors    of    each  township    shall  Constables. 

elect  a  Constable,  for  the  term  of  two  years,  who  shall  be  fur-  Their    commis- 
sions. 
nished  by  the  presiding  Judge  of  the  County  Court,  with  a 

certificate  of  election,  on  which  his  official  oath  shall  be  in- 
dorsed. 

Sec  48.     All  officers   provided   for  in  this  article,  except  commissions   of 

officers. 

Constables,  shall  be  commissioned  by  the  Governor. 

Sec  49.     All  writs  and  other  judicial  process,  shall  run  in  style  of  process 

and  indictments. 

the  name  of  the  State  of  Arkansas, bear  test  and  be  signed  by 
the  clerks  of  the  respective  courts  from  which  they  issue, 
j-ndictments  shall  conclude:  "Against  the  peace  and  dig- 
nity of  the  State  of  Arkansas." 

Sec  50.     All    vacancies    occurring  in  anv  office  provided  Vacancies  in  of- 
fices provided  for 

lor  in  this  article,  shall  be  filled  by  special  election  ;  save  that  '''^'■*-  ^"' 
in  case  of  vacancies  occurring  in  county  and  township  offices 
six  months,  and  in  other  offices  nine  months,  before  the  next 


32   •  CONSTITUTION  OF  THE  [Art.  8. 


general  election,  such  vacancies  shall  be  tilled  by  appointment 
by  the  Governor. 
Appeals  in  ca.ses      Sec.  51.     That  in  all  cascs    of   allowances  made   for    or 

of  allowances  for 

ties?'*cUiesr"or  against  counties,  cities,  or  towns,  an  appeal  shall  lie  to  the 

towns. 

circuit  court  of  the  couiity,  at  the  instance  of  the  party  ag- 
grieved, or  on  the  intervention  of  any  citizen  or  resident  and 
tax  payer  of  such  county,  city  or  town,  on  the  same  terms 
and  conditions  on  which  appeals  may  be  granted  to  the  cir- 
cuit court  in    other  cases ;  and  the  matter  pertaining  to  any 

Appeal  bond.  such  allowaucc  shall  be  tried  in  the  circuit  court  de'  novo.  In 
case  an  appeal  be  taken  by  any  citizen,  he  shall  give  a  bond, 
payable  to  the  proper  county,  conditioned  to  prosecute  the 
appeal,  and  save  the  county  from  costs  on  account  of  the  same 
being  taken. 

Contested    eiec-      Sec.  52.     That  in   all   cases   of  contest   for   any  County, 

tion    for   county, 

SpS'oflicer^'''  township,  or  municipal  office,  an  appeal  shall  lie  at  the 
instance  of  the  party  aggrieved,  from  any  inferior  board, 
council,  or  tribunal  to  the  circuit  court,  on  the  same  terms 
and  conditions  on  which  appeals  may  be  granted  to  the  cir- 
cuit court  in  other  cases,  and  on  such  appeals  the  case  shall 
be  tried  de  novo. 


ARTICLE  VIII. 

Apportionment. 
Number  of  Rep-      SECTION  1.     The  IIousc  of  Representatives  shall  consist  of 

resentatives. 

not   less  than  seventy  three,  nor  more  than   one   hundred 
Ratio  of   reprc  members.     Each  county  now  organized  shall  always  be  enti- 

sentation. 

tied  to  one  Representative;  the  remainder  to  be  apportioned 
the  several  counties  according  to  the  number  of  adult  male 
inhabitants,  taking  two  thousand  as  the  ratio,  until  the  num- 
ber of  Representatives  amounts  to  one  hundred,  when  they 
shall  not  be  further  increased,  but  the  ratio  of  representation 
shall,  from  time  to  time,  be  increased  as  hereinafter  pro- 


Art.  8.]  STATE  OF  ARKANSAS.  33 

vided ;  so  that  the  Representatives  shall  never  exceed  that 

nomber.     And  until  the  enumeration  of  the  inhabitants  is  Apportionment 

of       Representa- 

taken  by  the  United  States  government,  A.  D,  1880,  the 
Representatives  shall  be  apportioned  among  the  several  coun- 
ties as  follows: 

The  county  of  Arkansas  shall  elect  one  Representative. 
The  county  of  Ashley  shall  elect  one  Representative.  The 
county  of  Benton  shall  elect  two  Representatives.  The 
county  of  Boone  shall  elect  one  Representative.  The  county 
of  Bradley  shall  elect  one  Representative.  The  county  of 
Baxter  shall  elect  one  Representative.  The  county  of  Cal- 
houn shall  elect  one  Representative.  The  county  of  Carroll 
shall  select  one  Representative.  The  county,  of  Chicot  shall 
elect  one  Representative.  The  county  of  Columbia  shall 
elect  two  Representatives.  The  county  of  Clark  shall  elect 
two  Representatives.  The  county  of  Conway  shall  elect  one 
Representative.  The  county  of  Craighead  shall  elect  one 
Representative.  The  county  of  Crawford  shall  elect  one 
Representative.  The  county  of  Cross  shall  elect  one  Repre- 
sentative. The  county  of  Crittenden  shall  elect  one  Repre- 
sentative. The  county  of  Clayton  shall  elect  one  Represent- 
ative. The  county  of  Dallas  shall  elect  one  Representative. 
The  county  of  Desha  shall  elect  one  Representative.  The 
county  of  Drew  shall  elect  one  Representative.  The  county 
of  Dorsey  shall  elect  one  Representative.  The  county  of 
Franklin  shall  elect  one  Representative.  The  county  of  Ful- 
ton shall  elect  one  Representative.  The  county  of  Faulkner 
shall  elect  one  Representative.  The  county  of  Grant  shall 
elect  one  Representative.  The  county  of  Green  shall  elect 
one  Representative.  The  county  of  Garland  shall  elect  one 
Representative.  The  county  of  Hempstead  shall  elect  two 
Representative.  The  county  of  Hot  Spring  shall  elect  one 
Representative.  The  county  of  Howard  shall  elect  one  Rep- 
resentative. The  county  of  Independence  shall  elect  two 
5a 


34  CONSTITUTION  OF  THE  [Art.  8. 

Representatives.  The  county  of  Izard  shall  elect  one  Repre- 
sentative. The  county  of  Jackson  shall  elect  one  Represen- 
tative. The  county  of  Jefferson  shall  elect  three  Repre- 
sentatives. The  county  of  Johnson  shall  elect  one  Repre- 
sentative. The  county  of  Lafayette  shall  elect  one  Repre- 
sentative. The  county  of  Lawrence  shall  elect  one  Repre- 
sentative. The  county  of  Little  River  shall  elect  one  Repre- 
sentative. The  county  of  Lonoke  shall  elect  two  Repre- 
sentatives. The  county  of  Lincoln  shall  elect  one  Repre- 
sentative. The  county  of  Lee  shall  elect  two  Representa- 
tives. The  county  of  Madison  shall  elect  one  Representa- 
tive. The  county  of  Marion  shall  elect  one  Representative. 
The  county  of  Monroe  shall  elect  one  Representative.  The 
county  of  Montgomery  shall  elect  one  Representative.  The 
county  of  Mississippi  shall  elect  one  Representative.  The 
county  of  Nevada  shall  elect  one  Representative.  The 
county  of  Newton  shall  elect  one  Representative.  The 
county  of  Ouachita  shall  elect  two  Representatives.  The 
county  of  Perry  shall  elect  one  Representative.  The  county 
•  of  Phillips  shall  elect  three  Representatives.  The  county  of 
Pike  shall  elect  one  Representative.  The  county  of  Polk 
shall  elect  one  Representative.  The  county  of  Pope  shall 
elect  one  Representative.  The  county  of  Poinsett  shall  elect 
one  Representative.  The  county  of  Pulaski  shall  elect  four 
Representatives.  The  county  of  Prairie  shall  elect  one  Rep- 
resentative. The  county  of  Randolph  shall  elect  one  Repre- 
sentative. The  county  of  Saline  shall  elect  one  Representa- 
tive. The  county  of  Sarber  shall  elect  one  Repesentative. 
The  county  of  Scott  shall  elect  one  Representative.  The 
county  of  Searcy  shall  elect  one  Representative.  The 
county  of  Sebastian  shall  elect  two  Representatives.  The 
county  of  Sevier  shall  elect  one  Representative.  The  county 
of  St.  Francis  shall  elect  one  Representative.  The  county 
of  Stone   shall   elect  one   Representative.     The   county   of 


Art.  8.]  STATE  OF  ARKANSAS.  35 

Union  shall  elect  two  Representatives.  The  county  of  Van 
Bnren  shall  elect  one  Representative.  The  county  of  Wash- 
ington shall  elect  three  Representatives.  The  county  of 
White  shall  elect  two  Representatives.  The  county  of 
Woodruff  shall  elect  one  Representative.  The  county  of 
Yell  shall  elect  one  Representative.     The  county  of  Sharp 

shall  elect  one  Representative. 

Sec.  2.     The  Legislature  shall,  from  time  to  time,  divide  Division  of  state 

into      Senatorial 

the  State  into  convenient  Senatorial  districts  in  such  manner  Rano*^*^of  repre- 
sentation in  Sen- 
that  the  Senate  shall  be  based  upon  the  adult  male  inhabi-  **'^' 

tants  of  the  State;  each  Senator  representing  an  equal  num- 
ber as  nearly  as  practicable,  and  until  the  enumeration  of  prksent  sknato- 

RiAL       Districts 

the  inhabitants  is  taken  by  the  United  States  government  ^^nt  '^of^'sena- 

TORS, 

A.  D.  1880,  the  districts  shall  be  arranged  as  follows: 

The  counties  of  Greene,  Craighead  and  Clayton  shall  com-  1st  District, 
pose  the  First  district,  and  elect  one  Senator. 

The  counties  of  Randolph,  Lawrence  and  Sharp  shall  com-  2nd  District, 
pose  the  Second  district,  and  elect  one  Senator. 

The  counties  of  Carroll,  Boone  and  Xewton  shall  compose  srd  District, 
the  Third  district,  and  elect  one  Senator. 

The  counties  of  Johnson  and  Pope  shall  compose  the  4th  District. 
Fourth  district,  and  elect  one  Senator. 

The  county  of  Washington  shall  compose  the  Fifth  dis- 5th  District, 
trict,  and  elect  one  Senator. 

The  counties  of  Lidependence  and  Stone  shall  compose  6th  District, 
the  Sixth  district,  and  elect  one  Senator. 

The  counties  of  Woodruff,  St.  Francis  (^ross,  and  Critten-  7th  District, 
leu  sliall  compose  the  Seventh  district,  and  elect  one  Senator. 

The  counties  of  Yell  and  Sarber  shall  compose  the  Eighth  sth  District, 
district,  and  elect  one  Senator. 

The  counties  of  Saline,  Garland,  Hot  Spring  and  Grant  9th  District, 
iihall  compose  the  Ninth  district,  and  elect  one  Senator. 

The  counties  of  Pulaski  and  Perry  shall  compose  the  loth  District. 
Tenth  district,  and  elect  two  Senators. 


36 


CONSTITUTION  OF  THE 


[Art. 


11th  District. 


12th  District. 


13th  District. 


14th  District. 


15th  District. 


16th  District. 


17th  District. 


18th  District. 


19th  District. 


20th  District. 


21st  District. 


22d  District. 


23d  District. 


24th  District. 


25th  District. 


6  th  District. 


The  county  of  Jefferson  shall  compose  the  Eleventh  dis- 
trict, and  elect  one  Senator. 

The  counties  of  Lonoke  and  Prairie  shall  compose  the 
Twelfth  district,  and  elect  one  Senator. 

The  counties  of  Arkansas  and  Monroe  shall  compose  the 
Thirteenth  district,  and  elect  one  Senator. 

The  counties  of  Phillips  and  Lee  shall  compose  the  Four- 
teenth district,  and  elect  one  Senator. 

The  counties  of  Desha  and  Chicot  shall  compose  the  Fif- 
teenth district,  and  elect  one  Senator. 

The  counties  of  Lincoln,  Dorsey  and  Dallas  shall  compose 
the  Sixteenth  district,  and  elect  one  Senator. 

The  counties  of  Drew  and  Ashley  shall  compose  the  Sev- 
enteenth district,  and  elect  one  Senator. 

The  counties  of  Bradley  and.  Union  shall  compose  the 
Eighteenth  district,  and  elect  one  Senator. 

The  counties  of  Calhoun  and  Ouachita  shall  compose  the 
Nineteenth  district,  and  elect  one  Senator. 

The  counties  of  Hempstead  and  Nevada  shall  compose  the 
Twentieth  district,  and  elect  one  Senator. 

The  counties  of  Columbia,  and  Lafayette  shall  compose  the 
Twenty -first  district,  and  elect  one  Senator. 

The  counties  of  Little  River,  Sevier,  Howard  and  Polk 
shall  compose  the  Twenty-second  district,  and  elect  one  Sen- 
ator. 

The  counties  of  Fulton,  Izard,  Marion  and  Baxter  shall 
compose  the  Twenty -third  district,  and  elect  one  Senator. 

The  counties  of  Benton  and  Madison  shall  compose  the 
Twenty-fourth  district,  and  elect  one  Senator. 

The  counties  of  Crawford  and  Franklin  shall  compose  the 
Twenty-fifth  district,  and  elect  one  Senator. 

The  counties  of  Van  Buren,  Conway  and  Searcy  shall 
compose  the  Twenty-sixth  district,  and  elect  one  Senator, 


Art.  9.]  STATE  OF  ARKANSAS.  37 

The  counties  of  White  and  Faulkner  shall  compose  the  27th  District. 
Twenty-seventh  district,  and  elect  one  Senator. 

The  counties  of  Sebastian  and  Scott  shall  compose  the  28th  District. 
Twenty-eighth  district,  and  elect  one  Senator. 

The  counties  of  Poinsett,  Jackson  and  Mississippi,  shall  29th  District, 
compose  the  Twenty-ninth  district,  and  elect  one  Senator. 

The  counties  of  Clark,  Pike  and  Montgomery,  shall  com-  soth  District. 

pose  the  Thirtieth  district,  and  elect  one  Senator. 

And  the  Senate  shall  never  consist  of  less  than  thirty,  nor  Number  of  Sena- 
tors. 

more  than  thirty  five  members. 

Sec.  3.     Senatorial  districts  shall  at  all  times  cont(s)ist  of  Principles  of 

^  '  formation  of  Sen- 

contiguous  territory,  and  no  county  shall  be  divided  in  the 

formation  of  a  Senatorial  district. 

Sec.  4.     The  division  of  the  State  into  Senatorial  districts.   Apportionments 

when  to  be  made. 

and  the  apportionment  of  Representatives  to  the  several 
counties,  shall  be  made  by  the  General  Assembly  at  the  first 
regular  session  after  each  enumeration  of  the  inhabitants  of 
the  State  by  the  Federal  or  State  government,  shall  have 
been  ascertained  and  at  no  other  time. 


ARTICLE  IX. 

Exemption. 
Section  1.     The  personal  property  of  any  resident  of  this  Exemption 

of  personal    pro- 

State,  who  is  not  married  or  the  head  of  a  family,  in  specific  other  thin "headl 

of  families    from 

articles  to  be  selected  by  such  resident,  not  exceeding  in  ^^'■''"'■'^^°''*®*'*' 
value  the  sum  of  two  hundred  dollars,  in  addition  to  his  or 
her  wearing  apparel,  shall  be  exempt  from  seizure  on  attach- 
ment, or  sale  on  execution  or  other  process  from  any  court 
issued  for  the  collection  of  any  debt  by  contract :  Provided, 
That  no  property  shall  be  exempt  from  execution  for  debts 
contracted  for  the  purchase  money  therefor  .while  in  the 
hands  of  the  vendee. 

Sec.  2.     The  personal    property   of  any   resident   of  this  Exemption  of 

personal  property 

State,  who  is  married  or  the  head  of  a  family,  in  specific  arti-  ifes."*"*'  ""^  ^^°''" 


CONSTITUTION  OF  THE  [Art  9. 


cles  to  be  selected  by  such  resident,  not  exceeding  in  value 
the  sum  of  five  hundred  dollars,  in  addition  to  his  or  her 
wearing  apparel,  and  that  of  his  or  her  family,  shall  be  ex- 
empt from  seizure  on  attachment,  or  sale  on  execution  or 
other  process  from  any  court,  on  debt  by  contract. 

Homestead        Sec.  3.     The  homcstcad  of  any  resident  of  this  state,  who 

exemption. 

is  married  or  the  head  of  a  family,  shall  not  be  subject  to  the 
lien  of  any  judgment  or  decree  of  any  court,  or  to  sale  under 
execution,  or  other  process  thereon,  except  such  as  may  be 
rendered  for  the  purchase  money,  or  for  specific  liens,  labor- 
ers' or  mechanics'  liens  for  improving  the  same,  or  for  taxes, 
or  against  executors,  administrators,  guardians,  receivers, 
attorneys  for  moneys  collected  by  them,  and  other  trustees  of 
an  express  trust,  for  moneys  due  from  them  in  their  fiduciary 
capacity. 
Extent  of  exemp-      Sec.  4.     The  homcstcad  outside  any  city,  town  or  villasre, 

tion  of  homestead  J  J  ■>  &    ? 

town/or'viiiage.' owned  and  occupied  as  a  residence,  shall  consist  of  not  ex- 
ceeding one  hundred  and  sixty  acres  of  land,  with  the  im- 
provements thereon  ;  to  be  selected  by  the  owner ;  Provided, 
The  same  shall  not  exceed  in  value  the  sum  of  twenty-five 
hundred  dollars,  and  in  no  event  shall  the  homestead  be 
reduced  to  less  than  eighty  acres,  without  regard  to  value. 

Extent  of  exemp-      Sec.  5.     The  houiestcad  in  any  city,  town  or  village,  owned 

tion  of  homestead  J         J  ■>  &    > 

town!*o/viiiage?  '^^^^^  occupicd  as  a  residence,  shall  consist  of  not  exceeding 
one  acre  of  land,  with  the  improvements  thereon,  to  be 
selected  by  the  owner;  provided,  the  same  shall  not  exceed 
in  value  the  sum  of  two  thousand  five  hundred  dollars,  and 
in  no  event  shall  such  homestead  be  reduced  to  less  than 
one  quarter  of  an  acre  of  land,  without  regard  to  value. 

Homestead    ex-      Seo.  6.     If  the  owucr  of  a  homcstcad  die,  leaving  a  wido  w, 

emption  for  ben-  ° 

but  no  childuen,  and  said  widow  has  no  separate  homestead 

in  her  own  right,  the  same  shall  be  exempt,  and  the  rents  and 

Proviso  —  rights  profits  thereof  shall  vest  in  her  during  her  .natural  life ;    Pro- 
of children   dur- 

ng  minority.      yidcd,  That  if  the  owner  leaves  children,  one  or  more,  said 


Art.  10.]  STATE  OF  ARKAKSAS.  39 

child  or  children  shall  share  with  said  widow,  and  be  enti- 
tled to  half  the  rents  and  profits  till  each  of  them  arrives  at 
twenty  one  years  of  age — each  child's  rights  to  cease  at  twen- 
ty-one years  of  age — and  the  shares  to  go  to  the  younger 
children;  and  then  all  to  go  to  the  widow;  and  provided, 
that  said  widow  or  children  may  reside  on  the  homestead  or 
not.  And  in  case  of  the  death  of  the  widow,  all  of  said  home- 
stead shall  be  vested  in  the  minor  children  of  the  testator  or 
intestate. 

Sec.  7.     The  real  and  personal  property  of  anyfemme  covert  fy ^nSrnld^o- 

men . 

in  this  State,  acquired  either  before  or  after  marriage, 
whether  by  gift,  grant,  inheritance,  devise  or  otherwise, 
shall,  so  long  as  she  may  choose,  be  and  remain  her  separate 
estate  and  property,-  and  may  be  devised,  bequeathed  or  con- 
veyed by  her  the  same  as  if  she  were  Sbfemme  sole;  and  the 
same  shall  not  be  subject  to  the  debts  of  her  husband. 

Sec.  8.     The  General  Assembly  shall  provide  for  the  time  Scheduling  of 

■^  ^  separate  personal 

and  mode  of  scheduling   the  separate  personal  property  of  Swome^n."^^"^' 

married  women. 

Sec.  9.      The  exemptions  contained  in    the  Constitution  EfiFect  of  exemp- 
tions of  Constitu- 

of  1868,  shall  apply  to  all  debts  contrated  since  the  adoption 

thereof,  and  prior  to  the  adoption  of  this  Constitution. 

Sec.  10.     The  homestead  provided  for  in  this  article  shall  Homestead    ex- 
emption for  ben- 
inure  to  the  benefit  of  the  minor  children,  under  the  exemp-  of phan^ children'; 

tions  herein  provided,  after  the  decease  of  the  parents. 


ARTICLE  X. 


Agriculture,  MiNiN a,    and  Manufacture. 

Section  1.     The  General  Assembly  shall  pass  such  laws  as  Agricultural, 

mining. and  man- 

will  foster  and  aid  the  agricultural,  mining  and  manutactur-  est'S'sutJ."*"" 

ing  interests  of  the  State,  and  may  create  a  bureau  to  be  Mining.    Manu- 
facturing,     and 
known   as   the    Mining,    Manufacturing 

Bureau. 


40  CONSTITUTION  OF  THE  [Art.  11. 

State   Geologist.      Sec.  2.     The  Oeneral  Assembly,  when  deemed  expedient, 

may  create  the  office  of  State  Geologist,  to  be  appointed  by 

the  Governor,  by  and  with  the  advice  and  consent  of  the 

Term  of  office.      Senate,  who  shall  hold  his  office  for  such  time,  and  perform 

Compensation.     8uch  duties,  and  reccivc  such  compensation  as  may  be  pre- 

Removai.  scribcd  by   law;    Provided:     That  he  shall  be  at  all  times 

subject   to  removal  by  the  Governor,  for  incompetency  or 

gross  neglect  of  duty. 

Exemption  from      Sec,  3.     The    General    Assembly    may,   by    general   law, 

taxation.of  mines  "^  J  ■>        J      r^  ' 

turei.  ™'^°"  ^'^'  exempt  from  taxation  for  the  term  of  seven  years  from  the 
ratification  of  this  Constitution,  the  capital  invested  in  any 
or  all  kinds  of  mining  and  manufacturing  business  in  this 
State,  under  such  regulations  and  restrictions  as  may  be 
prescribed  by  law. 


ARTICLE  XI. 


Militia. 
Persons  liable  to      SECTION  1.     The    Militia  shall   cousist  of  all  able-bodied 

military  duty. 

male  persons,  residents  of  the  State,  between  the  ages  of 

eighteen    and    forty -five    years ;    except    such   as    may    be 

Organization    of  exempted  by  the  laws  of  the  United  States,  or  this  State:  and 

militia.  f  J  '  > 

shall  be  organized,  officered,  armed  and  equipped  and  trained 

in  such  manner  as  may  be  provided  by  law. 
Volunteer   com-      Sec.  2.     Voluuteer  Companies  of   Infantry,    Cavalry    or 

Artillery  may  be  formed  in  such  manner  and    with  such 

restrictions  as  maybe  provided  by  law. 
Privilege  of  miii-      Sec.  3.     The    Yoluutcer    and   Militia  forces  shall  in    all 

tia  from  arrest,  at 

muster,  etc.  cases  (cxcept  trcason,  felony  and  breach  of  the  peace)  be 
privileged  from  arrest  during  their  attendance  at  muster  and 
the  election  of  officers,  and  in  going  to  and  returning  from 
the  same. 

Authority  to  call      Sec.  4.     The  Govcrnor  shall,  when  the  General  Assembly 

out       volunteers  " 

and  miiitia.        jg  ^^^  '^^  scssiou,  have  powcr  to  call  out  the  Volunteers  or- 


Art.  12.]  STATE  OF  ARKANSAS.  41 


Militia,  or  both,  to  execute  the  hiws,  repel  iuvusioii,  repress 
insurrection  and  preserve  the  public  peace;  in  such  manner 
as  may  be  authorized  by  law.  j^^^^^~^^ 

^O*'   OR  THR 

'UlTIVEIlSITyl 

ARTICLE  XII.  '^^:mti' 

Municipal    and    Private    Corporations. 

Section  1.     All  existing  charters  or  grants  of  special  or  Revocatiou  of  ex- 
is  t  i  n  g  charters 
exclusive  privileges  under  which  a   bona  fide   organization  *°'^„^J^/*°'^'^'  **^'" 

shall  not  have  taken  place  and  business  been  commenced  in 

good  faith,  at  the  time  of  the  adoption  of  this  Constititution, 

shall  thereafter  have  no  validity. 

Sec.  2.     The  General  Assembly  shall  pass  no  special  act  Limitation  of 

power   of    incor- 

conferring  corporate  powers,  except  for  charitable,  educa-  cfaTS  ^^  ^^^' 
tional,  penal  or  reformatory  purposes,  where  the  corporations 
created  are  to  be  and  remain  under  the  patronage  and  con- 
trol of  the  state. 

Sec.  3.     The  General  Assembly  shall  provide,  by  general  incorporation  of 

cities  and  towns. 

laws,  for  the  organization  of  cities  (which  may  be  classified) 
and  incorporated  towns ;  and  restrict  their  power  of  taxa- 
tion, assessment,  borrowing  money,  and  contracting  debts,  so 
as  to  prevent  the  abuse  of  such  power. 

Sec  4.     No  municipal  corporation  shall  be  authorized  to  Limitation  of  leg- 
islative power  of 

pass  any  laws  contrary  to  the  general  laws,  of  the  State  ;  nor  ponltimls!     *^'"^~ 

And      of       their 

levy  [levy]  any  tax  on  real  or  personal  property  to  a  greater  power  of    taxa- 

extent,   in    one  year,  than  five  mills  on  the  dollar   of  the 

assessed  value  of  the  same ;  Provided:     That  to  pay  indebt-  Payment  of  ex- 

^    -i  istuig    indebted- 

edness  existing  at   the  time  of  the  adoption  of  this  Consti-  ^^^^' 

tution,  an  additional  tax  of  not  more  than  five  mills  on  the 

dollar,  may  be  levied. 

Sec.  5.     No  county  city,  town  or  other  municipal  corpor-  Municipal     cor- 
porations not  to 

ation,  shall  become  a  stockholder  in  any  company,  associa-  fc."'*'  ^*''*''''^*'^' 
tion,  or  corporation;  or  obtain  or  appropriate  money  for,  or  Or  financially  as- 

^  ^       ^  ^  /  gjgj  corporations, 

loan  its  credit  to,  any  corporation,  association,  institution  or  '^'^*^' 
individual. 


42  CON^STITUTIOJS'  OF  THE  [Art.  12. 


General     incor-      Sec.  6.     Corporations  may  be  formed  under  general  laws  ; 

poration  laws. 

Hon*^am/revoca-  which  laws  may,  from  time  to  time,  be  altered  or  repealed. 

tion. 

The  General  Assembly  shall  have  the  power  to  alter,  revoke 
or  annul  any  charter  of  incorporation  now  existing  and 
revocable  at  the  adoption  of  this  Constitution,  or  any  that 
may  hereafter  be  created,  wheneyer,  in  their  opinion,  it  may 
be  injurious  to  the  citizens  of  this  State ;  in  such  manner, 
however,  that  no  injustice  shall  be  done  to  the  corporators. 
state  not  to  be      Sec.  7.     Exccpt  as  herein  provided,  the  State  shall  never 

interested  in  ^  ^ 

tions,  etcr'^""'^'^  bocome  a  stockholder  in,  or  subscribe  to,  or  be  interested  in 
the  stock  of  any  corporation  or  association. 

Issue    and     in-      Sec.  8.     ^o  private  Corporation  shall  issue  stocks  or  bonds, 

crease    of  stock, 

cOTporatioSs!^**^  cxccpt  for  mouey  or  property  actually  received,  or  labor  done ; 
and  all  fictitious  increase  of  stock  or  indebtedness  shall  be 
void ;  nor  shall  the  stock  or  bonded  indebtedness  of  any 
private  corporation  be  increased,  except  in  pursuance  of  gen- 
eral laws,  nor  until  the  consent  of  the  persons  holding  the 
larger  amount,  in  value,  of  stock,  shall  be  obtained  at  a  meet- 
ing held  after  notice  given  for  a  period  not  less  than  sixty 
days,  in  pursuance  of  law. 

Compen  s  a  t  i  o  n      Sec.  9.     lS[o  property,  iior  right  of  way,  shall  be  appropria- 

for  property,  and 

kln'^fof  ^us^e  *of  ted  to  the  use  of  any  corporation,  until  full  compensation 

corporations. 

therefor  shall  be  first  made  to  the  owner,  in  money ;  or  first 
secured  to  him  by  a  deposit  of  money ;  which  compensation, 
irrespective  of  any  benefit  from  any  improvement  proposed 
by  such  corporation,  shall  be  ascertained  by  a  jury  of  twelve 
men,  in  a  court  of  competent  jurisdiction,  as  shall  be  pre- 
scribed by  law. 
Legislation    au-      Sec.  10.     ^o  act  of  tlic  General  Assembly  shall  be  passed 

thorizing  issue  of 

prohibitel.^*''^'^'  authorizing  the  issue  of  bills,  notes,  or  other  paper  which  may 
circulate  as  money. 

Foreign  corpora-  Sec.  11.  Foreign  corporations  may  be  authorized  to  do 
business  in  this  State,  under  such  limitations  and  restrictions 
as  may  be  prescribed  by  law  ;  Provided :     That  no  such  cor- 


Art.  13.]  STATE  OF  ARK:ANSA8.  43 

poration  shall  do  any  business  in  this  State,  except  while  it 
maintains  therein  one  or  more  known  places  of  business,  and 
an  authorized  agent  or  agents  in  the  same,  upon  whom 
process  may  be  served ;  and,  as  to  contracts  made  or  busi- 
ness done  in  this  State,  they  shall  be  subject  to  the  same 
regulations,  limitations  and  liabilities  as  like  corporations  of 
this  State:  and  shall  exercise  no  other  or  greater  powers, 
privileges  or  franchises  than  may  be  exercised  by  like  corpor- 
ations of  this  State;  nor  shall  they  have  power  to  condemn 
or  appropriate  private  property. 

Sec,  12.     Except  as  herein  otherwise  provided,  the  State  state  not  to  as- 
sume    liabilities 

shall  never  assume,  or  pay  the  debt  or  liability  of  any  county,  oorpoSnL  "'' 

town,    city    or  other  corporation    whatever;    or    any  part 

thereof;  unless  such  debt  or  liability  shall  have  been  created  Exceptions. 

to  repel  invasion,  suppress  insurrection,  or  to  provide  for  the 

public  welfare  and  defense.     Nor  shall  the  indebtedness  of  indebtedness    of 

corporations      to 

any  corporation  to  the  State,  ever  be  relased,  or  in  any  man-  ^^''''^• 
ner  discharged  save  by  payment  into  the  public  Treasury. 


ARTICLE  XIII. 

Counties,   County    Seats,    and    County    Lines. 

Section  1.     No  county  now  established  shall  be  reduced  to  Mimimum  limits 

of   counties,  pre- 

an  area  of  less  than  six  hundred  square  miles  nor  to  less  than  ^cnbed.- 
five  thousand  inhabitants;  nor  shall  any  new  county  be 
established  with  less  than  six  hundred  square  miles  and  five 
thousand  inhabitants:  Provided,  that  this  section  shall  not  Exceptio.i.. 
apply  to  the  counties  ^f  Lafayette,  Pope  and  Johnson,  nor  be 
so  construed  as  to  prevent  the  General  Assembly  from  chang- 
ing the  line  between  the  counties  of  Pope  and  Johnson. 

Sec.  2.     No  part  of  a  county  shall  be  taken  off  to  form  a  consent  of  voters 

of    territory     af- 

new  county,  or  a  part   thereof,    without   the  consent  of  a  [r''''chanT'''of 

.,  „   ,,  .  .  ,  county  lines. 

majority  of  the  voters  in  such  part  proposed  to  be  taken  ofi:*. 


44  CON^STITUTION  OF  THE  [Art  14. 

Changes  of  coun-      Sec.  3.     ISTo  couiity  scat  shall  be  established  or  changed 

ty-seat, 

without  the  consent  of  a  majority  of  the  qualified  voters  of 

the  county  to  be  affected  by  such  change,  nor  until  the  place 

at  which  it  is  proposed  to  establish  or  change  such  county 

County-seats    of  seat  shall  bc  fullv  designated  :     Provided,  That,  in  formation 

new  counties.  "  '■-  ' 

of  new  counties,  the  county  seat  may  be  located  temporarily 
by  provisions  of  law. 
Lines    of     new      Bec.  4.     In  the  formation  of  new  counties,  no  line  thereof 

counties. 

shall  run  within  ten  miles  of  the  county  seat  of  the  county 
proposed  to  be  divided,  except  the  county  seat  of  Lafayette 
■  county. 
Division   of  Se-      Sec.  5.     Sebastian  couuty  may  havc  two  districts,  and  two 

bastian      County 

into  two  districts,  county  scats,  at  which  county,  probate,  and  circuit  courts 
shall  be  held  as  may  be  provided  by  law,  each  district  paying 
its  own  expenses. 


ARTICLE  XIV. 

Education. 

Free  school  sys-  SECTION  1.  Intelligence  and  virtue  being  the  safeguards 
.of  liberty,  and  the  bulwark  of  a  free  and  good  government, 
the  State  shall  ever  maintain  a  general,  suitable  and  efiicient 
system  of  free  schools,  whereby  all  persons  in  the  state, 
betw^een  the  ages  of  six  and  twenty  one  years,  may  receive 
gratuitous  instruction. 

Schools  funds  to      Sec.  2.     N'o   moucy  or  property  belon2:ing  to   the  public 

be     used    exclu- 

po7es^  for" VMeh  school  fuud,  or  to  this  Statc,  for  the  benefit  of  schools  or. 

set  apart. 

universities,  shall  ever  be  used  for  any  other  than  for  the 

respective  purposes  to  which  it  belongs. 
state  school-tax.      Sec.  3.     The  General  Assembly  shall  provide,  by  general 

laws,  for  the  support  of  Common  Schools  by  taxes,  which 

shall  never  exceed  in  any  one  year  two  mills  on  the  dollar  on 
Schio\'Fu^nd   ^"'^  ^^^1®  taxable   property   of  the  State;   and  by  an  annual  per 

capita  tax  of  one  dollar,  to  be  assessed  on  every  male  inhabi- 


Art.  15.]  STATE  OF  ARKAKSAS.  45 

tant  of  this  State  over  the  age  of  twenty  one  years ;  Pro-  School  district 
vided,  The  General  Assembly  may,  by  general  law,  author- 
ize school  districts  to  levy,  by  a  vote  of  the  qualified  electors 
of  such  district,  a  tax  not  to  exceed  five  mills  on  the  dollar 
in  any  one  year  for  school  purposes;  Provided  further. 
That  no  such  tax  shall  be  appropriated  to  any  other  purpose, 
nor  to  any  other  district  than  that  for  which  it  was  levied. 


Sec.  4,     The  supervision  of  public  schools,  and  the  execu-  Supervision  of 

public       schools, 

tion  of  the  laws  regulating  the  same,  shall  be  vested  in  and  ^*''' 
confided  to,  such  oflicers  as  may  be  provided  for  by  the  Gen- 
eral Assembly. 


ARTICLE  XV. 

Impeachment    and    Address. 

Section  1.  The  Governor  and  all  State  officers.  Judges  of  impeachments, 
the  Supreme  and  circuit  courts,  Chancellors  and  Prosecuting 
Attorneys,  shall  be  liable  to  impeachment  for  high  crimes 
and  misdemeanors,  and  gross  misconduct  in  office;  but  the  Judgment, 
judgment  shall  go  no  further  than  removal  from  office  and 
disqualification  to  hold  any  office  of  honor,  trust  or  profit 
under  this  State.  An  impeachment,  whether  successful  or 
not,  shall  be  no  bar  to  an  indictment. 

Sec.  2.     The  House  of  Representatives  shall  have  the  sole  Power    of    im 

peaehment. 

power  of  impeachment.  All  impeachments  shall  be  tried  by  Trial, 
the  Senate.  When  sitting  for  that  purpose,  the  Senators 
shall  be  upon  oath  or  affirmation  ;  no  person  shall  be  con- 
victed without  the  concurrence  of  two-thirds  of  the  members 
thereof.  The  Chief  Justice  shall  preside,  unless  he  is  em- 
peached  or  otherwise  disqualified,  when  the  Senate  shall 
select  a  presiding  officer. 

Sec.  3.     The  Governor,    upon    the  joint   address  of    two  Removal  upoi 
thirds  of  the  members  elected  to  each  House  of  the  General ''' 
Assembly,  for  good  cause,  may  remove  the   Auditor,  Treas- 


46  CONSTITUTION  OF  THE  Art.  16. 

iirer,  Secretary  of  State,  Attorney  General,  Judges  of  the 
Supreme  and  circuit  courts,  Chancellors,  and  Prosecuting 
Attorneys. 

ARTICLE    XVI. 

Finance    and    Taxation. 
Loan  of   public      Sec.  1.     ISTeitlier   the  State,    nor   any  city,  county,  town 

credit  prohibited. 

or  other  municipality  in  this  State  ^shall  ever  loan  its  credit 
Issue  of  interest- for    any    purposc    whatcvcr.     Nor  shall   any   county,  Cit}'', 

bearing  evidences 

edn^ess!e*xceJt\o  Towu,  or  municipality  ever  issue   any  interest  hearing  evi- 

pay  present  debt, 

prohibited.  dcuccs    of   indchtcdness ;    except  such   bonds    as    may  be 

authorized  by  law  to  provide  for,  and  secure  the  payment  of, 
the  present  existing  indebtedness.  And  the  State  shall 
never  issue  any  interest  bearing  Treasury  warrants  or  scrip. 

Payment  of  state      Sec.  2.     The  General   Assembly  shall,  from  time  to  time, 

debt. 

provide  for  the  payment  of    all  just  and  legal  debts  of  the 
State. 
Misappropriation      Sec.  3.     The  making  of  profit  out  of  public  moneys,  or 

of  public  moneys. 

using  the  same  for  any  purpose  not  authorized  by  law,  by  any 
officer  of  the  State,  or  member  or  officer  of  the  General 
Assembly,  shall  be  punishable  as  may  be  provided  by  law, 
but  part  of  such  punishment  shall  be  disqualification  to  hold 
office  in  this  State  for  a  period  of  five  years. 

Salaries  and  fees.  Sec.  4.  The  General  Assembly  shall  fix  the  salaries  and 
fees  of  all  officers  in  the  State ;  and  no  greater  salary  or  fee 
than  that  fixed  by  law,  shall  be  paid  to  any  officer,  employe, 

Clerks,  etc.,    of  or  Other  pcrson,  or  at  any  rate  other  than  par  value;  and  the 

departments      of  "^  ^ 

State.  number  and  salaries  of  the  clerks  and  employes  of  the  differ- 

ent departments  of  the  State  shall  be  fixed  by  law. 

Uniform  rule  of  Sec.  5.  All  property  subject  to  taxation  shall  be  taxed 
according  to  its  value;  that  value  to  be  ascertained  in  such 
manner  as  the  General  Assembly    shall  direct,  making  the 


Art.  16.]  STATE  OF  ARKANSAS.  47 

same  equal  and  uniform  throughout  the  state.  No  one  spe- 
cies of  property,  from  which  a  tax  may  be  collected  shall  be 
taxed  higher  than  another  species  of  property  of  equal  value;  Taxation  of  priv- 
provided,  the  General  Assembly  shall  have  power,  from  time 
to  time,  to  tax  hawkers,  pedlers,  ferries,  exhibitions  and  privi- 
leges, in  such  manner  as  may  be  deemed  proper.     Provided,  Property  exempt 

^      ^  ^  r      I  J  .from  taxation. 

further,  that  the  following  property  shall  be  exempt  from 
taxation:  Public  property  used  exclusively  for  public  pur- 
poses; churches  used  as  such;  Cemeteries  used  exclusively 
as  such ;  school  buildings  and  apparatus ;  Libraries  and 
grounds  used  exclusively  for  school  purposes;  and  buildings 
and  grounds  and  materials  used  exclusively  for  public 
charity 

Sec.  6.     All  laws  exempting  property  from  taxation,  other  Exemption     by 

^         "^  '  statutory    enact- 

than  as  provided  in  this  constitution  shall  be  void.  "'*'"*'  '"''^' 

Sec.  7.     The  power  to  tax  corporations  and  corporate  pro-  Taxation  of  cor- 
porate  property, 
perty,  shall  not  be  surrended  or  suspended,  by  any  contract 

or  grant  to  which  the  state  may  be  a  party. 

Sec.  8.     The  General  Assembly  shall    not  have  power  to  Maximum     rate 

of  state  taxes. 

levy  State  taxes  for  any  one  year  to  exceed,  in  the  aggregate, 
one  per.  cent,  of  the  assessed  valuation'  of  the  property  of  the 
State  for  that  year. 

Sec.  9.     No  county  shall  levy  a  tax  to  exceed  one-half  of  Maximum     rate 

of  county  taxes. 

one  per.  cent,  for  all  purposes ;  but  may  levy  an  additional 
one-half  of  one  per.  cent,  to  pay  indebtedness  existing  at  the 
t,ime  of  the  ratification  of  this  Constitution. 

Sec.  10.     The  taxes  of  counties,  towns  and  cities  shall  only  county  and  mu- 

,  1  1       •        1         n    ^  nicipai  taxes,  in 

be  payable  in  lawful   currency  of    the  United  States,  or  the  "^^^^  payable. 
orders  or  warrants  of  said  counties,  towns  and  cities  respect- 
i  vely. 
Sec.  11.     No   tax   shall  be  levied  except  in  pursuance   of  Levy  and  specific 

,  ^  .  appropriation    of 

law,  and  every  law  imposing  a  tax  shall  state  distinctly  the  *''''^'' 
object  of  the  same;  and  no  moneys  arising  from  a  tax  levied 
for  one  purpose  shall  be  used  for  any  other  purpose. 


48  CONSTITUTION  OF  THE  [Art.  17. 

Disbursements.  Sec.  12.  No  nioiiey  shall  be  paid  out  of  the  treasury  until 
the  same  shall  have  been  appropriated  by  law  ;  and  then 
only  in  accordanee  with  said  appropriation. 

Right  of  citizen      Sec.  13.     Any   Citizen  of    any  county,  city  or  town  may 

tosue  inbelialf  of 

coSnty ''or^  mil-  institute  suit,  in  behalf  of  himself  and  all  others  interested, 
to  protect  the  inhabitants  thereof  against  the  enforcement  of 
any  illegal  exactions  whatever. 

ARTICLE   XVil. 

Railroads,    Canals,   and     Turnpikes. 
Railroads,    etc..      Sec.  1.     All   railroads,    canals    and     turnpikes   shall    be 

public  liighways, 

Transportation  public  highways,  and  all  railroads  and  canal  companies  shall 

companies    com- 

Ri*Lht"^'*'"to '%on-  be  common  carriers.     Any  association  or  corporation,  organ- 

struct  railroads.  i      n  i  i  •    i 

ganized  for  the  purpose,  shall  have  the  right  to  construct  and 

operate  a  railroad  between  any  points  within  this  State,  and  to 

connect  at  the  State  line  with  railroads  of  other  States.  Every 

■Intersection  and  railroad  compauy  shall  have  the  right  with  its  road  to  inter- 
connection     of 
railroads.  scct,  couiiect  witli,  or  cross  aiiy  other  road,  and  shall  receive 

and  transport,  each  the  other's  passengers,  tonnage  and  cars, 

loaded  or  empty,  without  delay  or  discrimination. 

Transportation      Sec.  2.     Evcry   railroad,    canal   or  turnpike    corporation 

companies  to 

State!'''"  "^^^^ '"  operated  or  partly  operated  in  this  State,  shall  maintain    one 
Transfers  of  officc  therein,  where  transfers  of  its  stock  shall  be  made  and 

stock. 

Books.  where  its  books  shall  be   kept  for  inspection  by  any  stock- 

holder or  creditor  of  such  corporation ;  in  which  shall  be 
recorded  the  amount  of  capital  stock  subscribed  or  paid  in 
and  the  amounts  owned  by  them  respectively,  the  transfers 
of  said  stock  and  the  names  and  places  of  residence  of  the 
officers. 

Equal    right  to      Sec.  3.     All    individuals,    associations    and    corporations 

transportation. 

shall  have  equal  right  to  have  persons  and  property  trans- 
ported over  railroads,  canals  and  turnpikes ;  and  no  undue 
or  unreasonable  discrimination  shall  be  made  in  charges  for, 


Art.  17.]  STATE  OF  ARKA:N^SAS.  49 

or  in  facilities    for   transportation,  of  freight  or  passengers 

within  the  State,  or   coming  from,  or  going  to,  any  other 

State.     Persons  and  property  transported  over  any  railroad  Reg uji^ati on  of 

shall  he  delivered  at   any  station,  at  charges  not  exceeding 

the  charges  for  transportation  of  persons  and  property  of  the 

same  class,  in  the  same  direction  to  any  more  distant  station. 

But  excursion   and  commutation    tickets   may  be  issued   at 

special  rates. 

Sec.  4.     No  railroad,    canal  or  other    corporation,  or  the  Parallel  or  o^m- 

'■  peting    lines     of 

,  ,  (1  -1  1  1  transportation 

lessees,  purchasers  or  managers  oi  any  railroad,  canal,  or  cor-  not  to  be  eonsoiu 

*"  dated,     or     con- 

poration  shall  consolidate  the  stock,  property  or  franchises  pS&.  ^^  ^'*™^ 
of  such  corporation  with  or  lease,  or  purchase  the  works  or 
franchises  of,  or  in  any  way  control  any  other  railroad  or 
canal  corporation  owning  or  having  under  its  control  a  par- 
allel or  competing  line,  nor  shall  any  ofiicer  of  such  railroad 
or  canal  corporation  act  as  an  oflS.cer  of  any  other  railroad  or 
canal  corporation,  owning  or  having  control  of  a  parallel  or 
competing  line  ;  and  the  question  whether  railroads  or  canals 
are  parallel  or  competing  lines,  shall,  when  demanded  by  the 
party  complainant,  be  decided  by  a  jury  as  in  other  civil 
issues. 

Sec.  5.     No  president,  director,  officer,  agent  or  employe  prohibitions 

upon  officers,  etc. 

of  any  railroad  or  canal  company,  shall  be  interested,  directly  cSmpSsf*'''*''"' 
or  indirectly,  in  the  furnishing  of  materials  or  supplies  to 
such  company,  or  in  the  business  of  transportation  as  a  com- 
mon carrier  of  freight  or  passengers  over  the  works  owned, 
leased,  controled^or  worked  by  such  company.  Nor  in  any 
arrangement  which  shall  afford  more  advantageous  terms,  or 
greater  facilities  than  are  offered  or  accorded  to  the  public. 
And  all  contracts  and  arrangements  in  violation  of  this  sec- 
tion shall  be  void. 

Sec.  6.     No  discrimination   in   charges,   or  facilities    for  Discrimination  of 

charges    between 

transportation,  shall  be  made  between  transportation  compa-  companfes'' ^  Ind 

individuals,  pro- 

Dies  and   individuals,  or   in   favor  of  either   by  abatement,  ^'^^**^^- 
7  ^ 


50  COKSTITUTIOl^  OF  THE  [Art.  17. 

Preferences  in  drawback  or  Otherwise;  and  no  railroad  or  canal  company, 

furnishing  cars  or 

iTrohiMted.^^"^'  o^  ^^^J  ^essce,  manager  or  employe  thereof  shall  make  any 

preferences  in  furnishing  cars  or  motive  power. 
General   Assem-      Sec.  7-     The  General  Assembly  shall  prevent  by  law  the 

sembly    to     pre- 

passlfto^officers  granting  of  free  passes  by  any  railr.oad  or  transportation  com- 

of  the  state. 

pauy  to  any  officer  of  this  State,  Legislative,  Execut(i)ve  or 
Judicial. 
Conditions  of  re-      Sec.  8.     The  General  Assembly  shall  not  remit  the  forfei- 

mission    of     for- 

Jr'^iegMltkTn  *fl-  tuFC  of  the  charter  of  any  corporation  now  existing,  or  alter 

vorable  to  corpo- 
rations. QY  amend  the  same,  or  pass  any  general  or  special  law  for  the 

benefit  of  such  corporation,  except   on  condition   that   such 

corporation  shall  thereafter  hold  its   charter,  subject  to  the 

provisions  of  this  Constitution. 

Eminent  domain      Sec.  9.     The  excrcise  of  the  right  of  eminent  domain  shall 

over  property  of 

corporations.  ^^ver  bc  abridged  or  so  construed  as  to  prevent  the  General 
Assembly  from  taking  the  property  and  franchises  of  incor- 
porated companies,  and  subjecting  them  to  public  use — the 
same  as  the  property  of  individuals. 

Legislation     to      Sec.  10.     The  General  Assembly  shall  pass  laws  to  corrcct 

prevent  abuses  by 

comjkmes!***'""  abuscs  and  prevent  unjust  discrimination  and  excessive 
charges  by  railroad,  canal  and  turnpike  companies  for  trans- 
porting freight  and  passengers,  and  shall  provide  for  enforc- 
ing such  laws  by  adequate  penalties  and  forfeitures. 

Moveable  proper-      Sec.  11.     The  rolling  stock  and  all  othcr  movablc  property 

ty       of      corpo- 

proSty^^^'""'^  belonging  to  any  railroad   company  or  corporation   in  this 
Nottobeexempt- State  shall   be   considered  personal  property  and   shall  be 

ed     from    taxa- 

**°°'  liable  to  execution  and  sale,  in  the  same  manner  as  the  per- 

sonal property  of  individuals,  and  the  General  Assembly 
shall  pass  no  law  exempting  any  such  property  from  execu- 
tion and  sale. 

Damages.by  rail-      Sec.  12.     All  railroads,  which  are  now  or  may  be  hereafter 

roads,  to  persons  '  *' 

built  and  operated  either  in  whole  or  in  part  in  this  State, 
shall  be  responsible  for  all  damages  to  persons  and  property. 


Art.  18.]  STATE  OF  ARKANSAS.  51 

under  such  regulations  as  may  be  prescribed  by  the  General 
Assembly. 

Sec.  13.     The  directors  of  every  railroad  corporation  shall  Annual  report  of 

railroad    compa- 

annually  make  a  report  under  oath  to  the  Auditor  of  public  nies  to  Auditor. 
accounts,  of  all  of  their  acts  and  doings,  which  report  shall  in- 
clude such  matters  relating  to  railroads  as  may  be  prescribed 
by  law,  and  the  General  Assembly  shall  pass  laws  enforcing 
by  suitable  penalties,  the  provisions  of  this  section. 


ARTICLE    XVIII. 

Judicial      Circuits. 

Until  otherwise  provided  by  the   General  Assembly,    the  J^u^o  = 
Judicial  Circuits  shall  be  composed   of  the  following  coun- 
ties: 

First — Phillips,  Lee,  St  Francis,  Prairie,  Woodruif,  White,  ist  circuit. 
and  Monroe.     Second — Mississippi,  Crittenden,  Cross,  Poin- 2d  circuit, 
sett,  Craighead,   Greene,   Clayton   and  Randolph.     Third —  3d  circuit. 
Jackson,    Independence,  Lawrence,   Sharp,    Fulton,   Izard, 
Stone  and  Baxter.     Fourth — Marion,  Boone,  Searcy,   New-  4th  circuit, 
ton,  Madison,  Carroll,  Benton,   and   Washington.     Fifth —  5th  circuit. 
Pope,  Johnson,  Franklin,  Crawford,   Sebastian,  Sarber,  and 
Yell.     Sixth — Lonoke,  Pulaski,  Yan  Buren  and  Faulkner.  6th  circuit. 
Seventh — Grant,  Hot  Springs,   Garland,  Perr}^,  Saline  and  7th  circuit. 
Conway.      Eighth — Scott,     Montgomery,    Polk,     Howard,  8th  circuit. 
Sevier,  Little  River,  Pike  and  Clark.     Ninth — Hempstead,  9th  Circuit. 
Lafayette,  Nevada,  Columbia,  Union,  Ouachita  and  Calhoun. 
Tenth — Chicot,  Drew,  Ashley,  Bradley,  Porsey,  and  Dallas,  loth  circuit. 
Eleventh — Desha,  Arkansas,  Lincoln  and  Jefferson.  nth  circuit. 

Until  otherwise   provided   by  the  General  Assembly,  the  terms  of  Cir- 
cuit Courts. 
Circuit  Courts  shall  be  begun   and  held  in  the  several  coun- 
ties as  follows 

FIRST   circuit  Ist  Circuit. 

White,— First  Monday  in  February  and  August.     Wood- 
ruff—Third  Monday    in   February  and  August.     Prairie — 


52 


CONSTITUTIOJ^  OF  THE 


[Art.  18.1 

ruary  and| 
londay  in  J 


Second  Monday  after  the  third  Monday  in  February  and 
August.  Monroe — Sixth  Monday  after  third  Monday  in 
February  and  August.  St.  Francis — Eight(h)  Monday  after 
the  third  Monday  in  February  and  August.  Lee — Tenth  li 
Monday  after  the  third  Monday  in  February  and  August.  * 
Phillips — Twelfth  Monday  after  the  third  Monday  in  Feb- 
ruary and  August. 

2d  Circuit.  SECOND     CIRCUIT 

Mississippi — First  Monday  in  March  and  September. 
Crittenden — Second  Monday  in  March  and  September. 
Cross — Second  Monday  after  the  second  Monday  in  March 
and  September.  Poinsett — Third  Monday  after  the  second 
Monday  in  March  and  September.  Craighead — Fourth  Mon- 
day after  the  second  Monday  in  March  and  September. 
Greene — Sixth  Monday  after  the  second  Monday  in  March 
and  September.  Clayton — Seventh  monday  after  the  second 
monday  in  March  and  September.  Randolph — Ninth  mon- 
day after  the  second  monday  in  March  and  September. 

3d  Circuit.  THIRD   CIRCUIT 

Jackson — First  monday  in  March  and  September.  Law- 
rence— Fourth  monday  in  March  and  September.  Sharp — 
Second  monday  after  the  fourth  monday  in  March  and  Sep- 
tember. Fulton — Fourth  Monday  after  the  fourth  monday 
in  March  and  September.  Baxter — Sixth  monday  after  the 
fourth  monday  in  March  and  September.  Izard — Seventh 
monday  after  the  fourth  monday  in  March  and  September 
Stone — Ninth  monday  after  the  fourth  monday  in  March 
and  September.  Independence — Tenth  monday  after  the 
fourth  monday  in  March  and  September. 

4th  Circuit.  FOURTH    CIRCUIT. 

Marion — Second  monday  in  February  and  August.  Boone— 
Third  monday  in  February  and  August.  Searcy — Second 
monday  after  the  third  monday  in   February  and  August. 


Art.  18.]  STATE  OF  ARKAIN^SAS.  53 

Newton — Third  monday  after  the  third  monday  in  February 
and  August.  Carroll — -Fourth  monday  after  the  third  Mon- 
day in  Jb'ebruary  and  August.  Madison — Fifth  monday  after 
the  third  monday  in  February  and  August.  Benton — Sixth 
monday  after  the  third  monday  in  February  and  August. 
Washington — Eighth  monday  after  the  third  monday  in 
February  and  August. 

FIFTH     CIRCUIT.  5th  Circuit. 

Greenwood  District,  Sebastian  county — Third  monday  in 
February  and  August.  Fo[u]rt[h]  Smith  District,  Sebastian 
county — First  monday  after  the  fourth  monday  in  February 
and  August.  Crawford  county — Fourth  monday  after  the 
fourth  monday  in*February  and  August.  Franklin  county — 
Sixth  monday  after  the  fourth  monday  in  February  and 
August.  Sarber  county — Eighth  monday  after  the  fourth 
monday  in  February  and  August.  Yell  county — Tenth  mon- 
day after  the  fourth  monday  in  February  and  August.  Pope 
county — Twelfth  monday  after  the  fourth  monday  in  Feb- 
ruary and  August.  Johnson  county — Fourteenth  monday 
after  the  fourth  monday  in  February  and  August. 

SIXTH     CIRCUIT.  6th  Circuit. 

In  the  county  of  Pulaski  on  the  first  monday  in  February, 
and  continue  twelve  weeks  if  the  business  of  said  court  re- 
quire it.  In  the  county  of  Lonoke,  on  the  first  monday  suc- 
ceeding the  Pulaski  court,  and  continue  two  weeks  if  the 
business  of  said  court  require  it.  In  the  coanty  of  Faulk- 
ner on  the  first  monday  after  the  Lonoke  court,  and  con- 
tinue two  weeks  if  the  business  of  said  court  require  it. 
In  the  county  of  Van  Buren  on  the  first  monday  after  the 
Faulkner  court,  and  continue  two  weeks  if  the  business  of 
said  court  require  it. 

FALL    TERM,    SIXTH    CIRCUIT  Fall  .  Term— 6th 

Circuit. 

In  the  county  of  Pulaski  on  the  first  monday  in  October, 
and  continue  seven  weeks  if  the  business  of  said  court  require 


54 


COKSTITUTIOI^  OF  THE 


[Art.  18. 


it.  In  the  county  of  Lonoke  on  the  first  monday  next  after 
the  Pulaski  court  and  continue  two  weeks  if  the  business  of 
said  court  require  it.  In  the  county  of  Faulkner,  on  the 
first  monday  after  the  Lonoke  Court,  and  continue  one  week 
if  the  business  of  said  Court  require  it.  In  the  county  of 
Van  Buren  on  the  first  monday  after  the  Faulkner  Court  and 
continue  one  week  if  the  business  of  said  Court  require  it. 

7th  Circuit.  SEVENTH   CIRCUIT. 

Hot  Springs — Second  Monday  in  March  and  September. 
Grant — Third  Monday  in  March  and  September.  Saline — 
Fourth  Monday  in  March  and  September.  Conway — Second 
Monday  after  fourth  Monday  in  March  and  September. 
Perry — Fourth  Monday  after  the  fourth  Monday  in  March 
and  September.  Garland — Fifth  Monday  after  the  fourth 
Monday  in  March  and  September 

8th  Circuit.  EIGHTH    CIRCUIT 

Montgomery — First  Monday  in  February  and  August. 
Scott — First  Monday  after  the  first  Monday  in  February  and 
August.  Polk — Second  Monday  after  the  first  Monday  in 
February  and  August.  Sevier — Third  Monday  after  the 
first  Monday  in  February  and  August.  Little  River — Fifth 
Monday  after  the  first  Monday  in  February  and  August. 
Howard — Seventh  Monday  after  the  first  Monday  in  Feb- 
ruary and  August.  Pike — Eighth  Monday  after  the  first 
Monday  in  February  and  August.  Clark — Mnth  Monday 
after  the  first  Monday  in  February  and  August. 

9th  Circuit.  -  NINTH    CIRCUIT 

Calhoun — First  Monday  in  March  and  September.  Union — 
Second  Monday  after  the  first  Monday  in  March  and  Septem- 
ber. Columbia — Fourth  Monday  after  the  first  Monday  in 
March  and  September.  Lafayette — Sixth  Monday  after  the 
first  Monday  in  March  and  September.     Hempstead — Eighth 


Art.  19.]  STATE  OF  AEKAI^SAS.  55 


Monday  after  the  first  Monday  in  March  and  September. 
Nevada — Eleventh  Monday  after  the  first  Monday  in  March 
and  September.  Ouachita — Thirteenth  Monday  after  the 
first  Monday  in  March  and  September. 

TENTH    CIRCUIT  lOtli  Circuit. 

Dorsey — Third  Monday  in  February  and  August.  Dal- 
las first  Monday  in  March  and  September.  Bradley — 
Second  Monday  in  March  and  September.  Ashley— Third 
Monday  in  March  and  September.  Drew — Second  Monday 
after  the  third  Monday  in  March  and  September.  Chicot — 
b  Durth  Monday  after  the  third  Monday  in  March  and  Sep- 
t  :!mber. 

ELEVENTH   CIRCUIT.  11th  Circuit. 

In  the  county  of  Desha  on  the  first  Monday  in  March  and 
September.  In  the  County  of  Arkansas  on  the  fourth  Mon  - 
day  in  March  and  September.  In  the  county  of  Lincoln  on 
the  third  Monday  after  the  fourth  Monday  in  March  and 
September.  In  the  county  of  Jefferson  on  the  sixth  Monday 
after  the  fourth  Monday  in  March  and  September. 


ARTICLE   XIX. 

Miscellaneous      Provisions. 

Sec.  1.    No  person  who  denies  the  being  of  a  God  shall  Disqualifica- 
tions of  atheists, 
hold  any  ofiice  in  the  civil  departments  of  this   State,  nor  be 

competent  to  testify  as  a  witness  in  any  Court. 

Sec.  2.     No  person  who  may  hereafter  fight  a  duel,  assist  Duelling, 
in  the  same  as  secolid,  or  send,  accept,  or  knowingly  carry  a 
challenge  therefor,  shall  hold  any  ofiice  in  the  State,  for  a 
period  of  ten  years;  and  may  be  otherwise  punished  as  the 
law  may  prescribe. 

Sec.  3.     No  person  shall  be  elected  to,  or  appointed  to  fill  Electors,     only, 

qualified    for  of- 

a  vacancy  in  any  office,  who  does  not  possess  the  qualifica-  ^''^• 
tions  of  an  elector. 


56  COl^STITUTIOK  OF  THE  [Art.  19 

Residence,   etc.,      Sec.  4.     All  civil  officers  for  the  State  at  lar^e  shall  residt 

ofcfficers, 

within  the  State,  and  all  district,  county  and  township 
officers  within  their  respective  districts,  counties  and  town- 
ships, and  shall  keep  their  offices  at  such  places  therein  as 
are  now,  or  may  hereafter  be,  required  by  law. 
Officers  to  contin-      Sec.  5.     All   officers   shall    continue   in   office;    after  the 

ue    in    office    till 

suc*iess*o*r*s.°"  °  cxpiratiou  of  their  official  terms  until  their  successors  are 
elected  and  qualified 

Plurality  of  of-  Sec.  6.  ISTo  pcrsoii  shall  hold,  or  perform  the  duties  of 
more  than  one  office  in  the  same  department  of  the  govern- 
ment at  the  same  time,  except  as  expressly  directed  or  per- 
mitted by  this  Constitution 

Forfeiture  of  res-      Sec.  7.     Abscncc  on  busiiiess  of  the  State,  or  of  the  United 

idence. 

States,  or  on  a  visit,  or  on  necessary  private  business,  shall 

not  cause  a  forfeiture  of  residence  once  obtained. 

Deductions  from      Sec.  8.     It  shall  be  the  duty  of  the  General  Assembly  to 

salaries     of     of-  *'  " 

regulate  by  law  in  what  cases,  and  what  deductions  from  the 

salaries  of  public  officers,  shall  be  made  for  neglect  of  duty 

in  their  official  capacity. 

Creation  of  ad-      Sec.  9.     The  General  Assembly  shall  have,  no  power  to 

ditional    perma- 

prohibited."^''^^'  Create  any  permanent  State  office,  not  expressly  provided  for 

by  this  Constitution. 
Returns  of  eiec-      Sec.  10.     Rctums  for  all  clections,  for  officers  who  are  to 

tion,     to     whom 

™**^®"  be  commissioned  by  the  Governor,  and  for  members  of  the 

General  Assembly,  except  as  otherwise  provided  by  this 
Constitution,  shall  be  made  to  the  Secretary  of  State. 

Salaries  of  State      Sec.  11.     The    Govcrnor,    Secretary    of    State,   Auditor, 

officers. 

Treasurer,  Attorney  General,  Judges  of  the  Supreme  Court,. 
Judges  of  the  Circuit  Court,  Commissioner  of  state  lands, 
and  Prosecuting  Attorneys  shall  each  receive  a  salary  to  be 
established  by  law,  which  shall  not  be  increased  or  dimin- 
Fees    pertaining  ishcd  during  their  respective  terms,  nor  shall  any  of  them, 

to  State  offices. 

except  the  prosecuting  attorneys,  after  the  adoption  of  this 
Constitution,  receive  to  his  own  use  any  fees,  costs,  perqui- 


Art.  19.]  STATE  OF  ARKANSAS.  57 

sites  of  office,  or  other  compensation ;  and  all  fees  that  may 
hereafter  be  payable  by  law  for  any  service  performed  by 
any  officer  mentioned  in  this  section,  except  Prosecuting 
Attorneys  shall  be  paid  in  advance  into  the  State  Treasury. 
Provided  that  the  salaries  of  the  respective  officers  herein  Maximum   saia- 

^  ries  ot   State  of- 

mentioned  shall  never  exceed  per  annum : 

For  Governor  the  sum  of  |4,000.^^:  For  Secretary  of 
State  the  sum  of  $2,500.^^:  For  Treasurer  the  sum  of 
$3,000.^^:  For  Auditor  the  sum  of  $3,000.^^:  For  Attorney- 
General  the  sum  of  $2500.^^  :  For  Commissioner  of  State 
Lands  the  sum  of  $2500.^^:  For  Judges  of  the  Supreme 
court  each,  the  sum  of  $4000.^^:  Tor  Judges  of  the  Circuit 
Courts  and  Chancellors,  each  the  sum  of  $3000.^^:  For 
Prosecuting  Attorney  the  sum  of  I^OO-j^^): 

And  provided  further  that  the  General  Assembly  shall  pro-  increase  of  sala- 
ries of  members 

vide  for  no  increase  of  salaries  of  its  members  which  shall  sembiyr"^*^  ^^' 
take  effect  before  the  meeting  of  the  next  General  Assembly 

Sec.  12.     An    accurate    and    detailed    statement    of   the  Publication  of  re- 
ceipts   and  ex- 
receipts  and  expenditures  of  the  public  money,  the  several  pubHc*^mow.  ^^ 

amounts  paid,  to  whom  and  on  what  account,  shall,  from 

time  to  time,  be  published  as  may  be  prescribed  by  law. 

Sec.  13.     All    contracts   for    a  greater    rate    of    interest  usury. 

than  ten  per  centum  per  annum  shall  be  void,  as  to  principal 

and  interest,  and  the  General  Assembly  shall  prohibit  the 

same  by  law ;  but  when  no  rate  of  interest  is  agreed  upon,  Rate  of  interest. 

the  rate  shall  be  six  per  centum  per  annum. 

Sec.  14.     No  lottery  shall  be  authorized  by  this  State,  nor  Lotteries  prohib- 
ited, 
shall  the  sale  of  lottery  tickets  be  allowed. 

Sec.  15.     All  stationery,  printing,  paper,  fuel,  for  the  use  contracts  ror  sta- 
tionery,    fuel, 
of  the  General  Assembly  and  other  departments  of  govern-  fuief°^etc.f"7ir 

State         govern- 
ment, shall  be  turnished,  and  the  printing,  binding  and  dis-  J"<'°t- 

tributing  of  the  laws,  journals,  department  reports,  and  all 

other  printing  and  binding,  and  the  repairing  and  furnishing 

the  halls  and  rooms  used  for  the  meetings  of  the  General 


58  C0:N^STITUTI0:N^  of  the  [Art.  19. 

Assembly  aud  its  committees,  shall  be  performed  under  con- 
tract, to  be  given  to  the  lowest  responsible  bidder,  below 
such  maximum  price  and  under  such  regulations  as  shall  be 
prescribed  by  law.  l^o  member  or  officer  of  any  department 
of  the  government  shall  in  any  way  be  interested  in  such 
contracts,  and  all  such  contracts  shall  be  subject  to  the 
approval  of  the  Governor,  Auditor  and  Treasurer. 
Contracts     for      Sec.  16.     All    coutracts  for  erectine^   or  repairins^  public 

public  buildings.  *  r  O    r 

ri  ges.  e  c.        buildings  or  bridges  in  any  county,  or  for  materials  therefor ; 

For  care  of  pau-  or,  for  providing  for  the  care  and  keeping  of  paupers,  where 
there  are  no  alms  houses,  shall  be  given  to  the  lowest 
responsible  bidder,  under  such  regulations  as  may  be  pro- 
vided by  law. 

Revision,  pubii-      Sec.  17.     The  laws  of  this  State,  civil  and  criminal,  shall 

cation,    etc.,     of 

'^^^'  be  revised,  digested,  arranged,  published  and  promulgated  at 

such  times,  and  in  such  manner  as  the  General  Assembly 
may  direct. 

Security  of  min-      Sec.  18.     The  General  Assembly,  by  suitable  enactments, 

ers    and    travel- 

^^"*  shall  require  such  appliances  and  means  to  be  provided  and 

used,  as  may  be  necessary  to  secure,  as  far  as  possible,  the 
lives,  health  and  safety  of  persons  employed  in  mining,  and 
of  persons  traveling  upon  railroads,  and  by  other  public  con- 
veyances, and  shall  provide  for  enforcing  such  enactments  by 
adequate  pains  and  penalties 

Education  of  deaf     Sec.  19.     It  shall  be  the  duty  of  the  General  Assembly  to 

and  dumb,  blind,  "^  '' 

an  insane.  provide,  by  law,  for  the  support  of  institutions  for  the  edu- 
cation of  the  deaf  and  dumb,  and  of  the  blind;  and  also  for 
the  treatment  of  the  insane. 

Oath  of  office.  Sec.  20.     Senators   and    Representatives  and  all  judicial 

aud  executive,  state  and  county  officers,  and  all  other  officers 
both  civil  and  military,  before  entering  on  the  duties  of  their 
respective  offices  shall  take  aud  subscribe  to  the  following 

oath  or  affirmation :     "  I do  solemnly  swear  (or  affirm) 

that  I  will  support  the  Constitution  of  the  United  States, 


Art.  19.]  STATE  OF  ARKAKSAS.  59 

and  the  Constitution  of  the  State  of  Arkansas,  and  that  I 

will  faithfully  discharge  the  duties  of  the  office  of upon 

which  I  am  now  about  to  enter.  " 

Sec.  21.     The  sureties  upon  the  official  bonds  of  all  State  Sureties      upon 

^  official  bonds. 

officers  shall  be  residents  of,  and  have  sufficient  property 
within,  the  State,  not  exempt  from  sale  under  execution, 
attachment  or  other  process  of  any  court,  to  make  good 
their  bonds,  and  the  sureties  upon  the  official  bonds  of  all 
county  officers  shall  reside  within  the  counties  where  such 
officers  reside,  and  shall  have  sufficient  property  therein,  not 
exempt  from  such  sale,  to  make  good  their  bonds. 

Sec.  22.     Either  branch  of  the  General  Assembly,  at  a  Amendments   to 

Constitution, 

regular  session  thereof,  may  propose  amendments  to  this  ^"^  *'^'^*°^*^*^* 
Constitution ;  and  if  the  same  be  agreed  to  by  a  majority  of 
all  the  members  elected  to  each  house,  such  proposed  amend- 
ments shall  be  entered  on  the  journals  with  the  yeas  and 
nays,  and  published  in  at  least  one  newspaper  in  each  county,  To  be  published : 
where  a  newspaper  is  published,  for  six  months  immediately 
preceding  the  next  general  election  for  Senators  and  Repre- 
sentatives, at  which  time  the  same  shall  be  submitted  to  the  And  submitted  to 

the  people. 

electors  of  the  State,  for  approval  or  rejection ;  and  if  a  major- 
ity of  the  electors  voting  at  such  election  adopt  such  amend- 
ments, the  same  shall  become  a  part  of  this  Constitution.    But  Not  more  than 

three  to    be  pro- 

no  more  than  three  amendments  shall  be  proposed  or  sub- teTat  "same  tim'e" 
mitted  at  the  same  time.    They  shall  be  so  submitted  as  to  Separate  ratifica- 

"  tionofeach. 

enable  the  electors  to  vote  on  each  amendment  separately. 

Sec.  23.    l^o  officer  of  this  State,  nor  of  anv  countv,  citv  Maximum  of  of- 

'  ''  >i  T         d   fleers'  salary  and 

or  town,  shall  receive  directly  or  indirictly  for  salary,  fees  ^^^^' 

and  perquisites  more  than  Five  thousand  dollars,  nett,  profits 

per  annum  in  par  funds,  and  any  and  all  sums  in  excess  of  Disposition  of  ex- 

"  cess  received. 

this  amount  shall  be  paid  into  the  State  County  City  or 
Town  Treasury,  as  shall  hereafter  be  directed  by  appropriate 
legislation. 


60  COKSTITUTIOK  OF  THE  [Schedule. 

Contested    eiec-      Sec.  24.     The  General  Assembly  shall  provide  by  law  the 

tions   not   herein 

v?decf  foi'/  '"^°'  mode  of  contesting  elections  in  cases  not  specifically  pro- 
vided for  in  this  Constitution. 

Seal  of  the  State.  Sec.  25.  Thc  present  seal  of  the  State  shall  be  and  remain 
the  Seal  of  the  State  of  Arkansas  until  otherwise  provided  by 
law  and  shall  be  kept  and  used  as  provided  in  this  Constitu- 
tion. 

Officers    eligible      Sec.  26.     Militia  officcrs,  officers   of  the  Public  Schools, 

to  executive  and 

judicial  office.     ^^^  Kotarics  may  be  elected  to  till  any  executive  or  Judicial 

office. 

Assessments    on      Sec.  27.     N^othiug  iu    this   Coustitutiou  shall   be  so  con- 
real  property,  for. 

ments,  i™  to*wns  strucd  as  to  prohibit  the  General  Assembly  from  authorizing 

and  cities.  ; 

assessments  on  real  property  for  local  improvements,  in 
towns  and  cities  under  such  regulations  as  may  be  prescribed 
by  law ;  to  be  based  upon  the  consent  of  a  majority  in  value 
of  the  property  holders  owning  property  adjoining  the  local- 
ity to  be  affected.  But  such  assessments  shall  be  ad-valo- 
-rum  and  uniform. 


SCHEDULE. 


Retention  of  ex-      Sec.  1.     All  laws  uow  iu  force,  which  are  not  in  conflict  or 

isting  laws. 

inconsistent  with   this  Constitution,  shall    continue  in  force 
Effect  of  exemp-  Until  amended  or  repealed  by  the  General  Assembly,  and  all 

tion  laws  in  force 

Constitiiuon    of  l^ws  exempting  property  from  sale  on  execution  or  by  decree 

1868'. 

of  a  court;  which  were  in  force  at  the  time  of  the  adoption 

of  the  Constitution  of  1868,  shall  remain  in  force  with  regard 

Distinction    be-  to  coutracts  made  before  that  time.   Until  otherwise  provided 

tween  sealed  and 

m°ente!*^**  instru- 1^^  ^^^^^  ^^  distinction  shall  exist  between  sealed  and  unsealed 
instruments,  concerning  contracts  between  individuals, 
executed  since  the  adoption  of  the  Constitution  of  1868, 
Provided,  that  the  statutes  of  limitation  with  regard  to 
sealed  and  unsealed  instruments  in  force  at  that  time,  con- 
tinue to  apply  to  all  instruments  afterwards  executed,  until 
altered  or  repealed. 


Schedule.]  STATE  OF  AEKANSAS.  61 

Sec.  2.     In  civil  actions,  no  witness  shall  be  excluded  be- Competency     of 

WltI16SSCS. 

cause  he  is  a  party  to  the  suit,  or  interested  in  the  issue  to  be 
tried;  Provided,  That  in  actions  by  or  against  executors, 
administrators  or  guardians,  in  which  judgment  may  be  ren- 
dered for  or  against  them,  neither  party  shall  be  allowed  to 
testify  against  the  other  as  to  any  transactions  with  or  state- 
ments of  the  testator,  intestate  or  ward,  unless  called  to  tes- 
tify thereto  by  the  opposite  party ;  Provided,  further,  that 
this  section  may  be  amended  or  repealed  by  the  General  As- 
sembly. 

Sec.  3.     An  election   shall  be  held  at  the  several  election  First   general 

election   for   offi- 

precincts  of  every  county  of  the  State,  on  Tuesday,  the  13tli  forsubmfsslonTf 

Constitution      to 

day  of  October,  1874,  for  Governor,  Secretary  of  State,  Audi-  tte  people, 
tor.  Treasurer,  Attorney  General,  Commissioner  of  State 
Lands  for  two  years,  unless  the  office  is  soonet  abolished  by 
the  General  Assembly,  Chancellor,  and  Clerk  of  the  Separate 
Chancery  Court  of  Pulaski  County,  Chief  Justice  and  two 
Associate  Justices  of  the  Supreme  Court,  a  Circuit  Judge  and 
Prosecuting  Attorney  for  each  Judicial  Circuit  provided  for 
in  this  Constitution,  Senators  and  Representatives  to  the 
General  Assembly,  all  County  and  Township  officers  pro- 
vided for  in  this  Constitution ;  and  also  for  the  submission  of 
this  Constitution  to  the  qualified  electors  of  the  State,  for  its 
adoption  or  rejection. 

Sec.  4.     The  qualification  of  voters  at  the  election  to  be  Qualifications  of 

voters  thereat. 

held  as  provided  in  this  schedule  shall  be  the  same  as  is  now 
prescribed  by  law. 

Sec  5.  The  State  Board  of  Supervisors  hereinafter  men- Notice  thereof, 
tioned  shall  give  notice  of  said  election  immediately  after 
the  adoption  of  this  Constitution  by  this  Convention,  by 
proclamation  in  at  least  two  newspapers  published  at  Little 
Rock,  and  such  other  newspapers  as  they  may  select.  And 
each  County  Board  of  Supervisors  shall  give  public  notice, 
in  their  respective  counties,  of  said  election,  immediately 
after  their  appointment. 


62  COKSTITUTIOK  OF  THE  [Schedule. 

Governor's  proc-      Sec.  6.     The   Govemor   shall   also   issue   a  proclamation 

lamation  enjoin- 

such^eieljtion!' **  enjoining  upon  all  peace  officers  the  duty  of  preserving  good 
order  on  the  day  of  said  election,  and  preventing  any  dis- 
turbance of  the  same. 

State   Board   of     Sec.  7.     Augustus  H.  Garland,  Gordon  N.  Peay  and  Dud- 

Supervisors        of  °  7  ./ 

ley  E.  Jones  are  hereby  constituted  a  State  Board  of  Super- 
visors of  said  election,  who  shall  take  an  oath  faithfully  and 
impartially  to  discharge  the  duties  of  their  office,  a  majority 
of  whom  shall  be  a  quorum,  and  who  shall  perform  the  duties 

Vacancies  there-  herein  assigned  them.  Should  a  vacancy  occur  in  said  Board 
by  refusal  to  serve,  death,  removal,  resignation  or  otherwise, 
or  if  any  member  should  become  incapacitated  from  per- 
forming said  duties,  the  remaining  members  of  the  Board 
shall  fill  the  vacancy  by  appointment.  But  if  all  the  places 
on  said  Board  become  vacant  at  the  same  time,  the  said 
vacancies  shall  be  filled  by  the  President  of  this  Convention. 

County  Boards  of     Sec.  8.     Said    State    Board   shall    at     once    proceed    to 

aupervisors       of  ^ 

appoint  a  Board  of  Election  Supervisors  for  each  county  of 
this  State,  consisting  of  three  men  of  known  intelligence 
and  uprightness  of  character,  who  shall  take  the  same  oath 
as  above  provided  for  the  State  Board.  A  majority  of  each 
Board  shall  constitute  a  quorum,  and  shall  perform  the  duties 

Vacancies  there-  herein  assigned  to  them ;  and  vacancies  occurring  in  the 
County  Boards  shall  be  filled  by  the  State  Board. 

Poll-books    and      Sec.  9.     The  State  Board  shall  provide  the  form  of  poll- 

ballot-boxes     for 

the  election.  books,  and  cach  County  Board  shall  furnish  the  judges  of 
each  election  precinct  with  three  copies  of  the  poll-books  in 
•  the  form  prescribed;  and  with  ballot  boxes,  at  the  expense  of 

the  County. 

Distribution,    to      Sec.  10.     The  State  Board  of  Supervisors  shall  cause  to  be 

oflSeerB      01     the 

of'*the°'conTtitu-  fumishcd  in  pamphlet  form  a  sufficient  number  of  copies  of 

tion. 

this  Constitution  to  supply  each  County  Supervisor  and 
Judge  of  election  with  a  copy  and  shall  forward  the  same  to 
the  County  Election  Boards  for  distributioni 


Schedule.]  STATE  OF  ARKANSAS.  63 

Sec.  11.     The  Boards  of  County  Election  Supervisors  shall  Judges,  of    the 

*'  ^  election,    and 

at  once  proceed  to  appoint  three  judges  of  election  for  each 
election  precinct  in  their  respective  counties  and  the  judges 
shall  appoint  three  election  clerks  for  their  respective  pre- 
cincts all  of  whom  shall  be  good  competent,  men,  and  take 
an  oath  as  prescribed  above.  Should  the  judges  of  any  elec-  Caseof  absence  of 
tion  precinct  fail  to  attend  at  the  time  and  place  provided  by  poUsl°"'  ^^^ 
law,  or  decline  to  act,  the  assembled  electors  shall  choose 
competent  persons,  in  the  manner  provided  by  law  to  act  in 
their  place,  who  shall  be  sworn  as  above.  ^ 

Sec.  12.     Said  election  shall  be  conducted  in  accordance  Conduct  of  the 

election. 

with  existino;  laws  except  as  herein  provided.     As  the  elec-  Qualifications  of 

<=>  ^  ^  voters,   how    de- 

tors  present  themselves  at  the  polls  to  vote,  the  judges  of  the  "'^^'^; 
election  shall  pass  upon  their  qualifications,  and  the  clerks  of  Registration. 
the  election  shall  register  their  names  on  the  poll,  books  if 
qualified;   and  such  registration  by  said  clerks  shall  be   a 
suflicient  registration  in  conformity  with  the  Constitution  of 
this  State,  and  then  their  votes  shall  be  taken. 

Sec.  13.     Each  elector  shall  have  written    or  printed  on  style  of  ballot. 
his  ticket   "For  Constitution"  or  "Against  Constitution" 
and  also  the  offices  and  the  names  of  the  candidates  for  the 
offices,  for  whom  he  desires  to  vote. 

Sec.  14.     The  judges  shall  deposit  the  tickets  in  the  ballot  Deposit  of  tick- 
box  ;  but  no  elector  shall  vote  outside  of  the  township  or  Elector   to  vote 

only  in  township 

ward  in  which  he  resides.     The  names  of  the  electors  shall  deiTce'^**  ""^  ^^^^' 

Numbering        of 

be  numbered,  and  the  corresponding  numbers  shall  be  placed  tickets. 
on  the  ballots  by  the  judges  when  deposited. 

Sec.  15.     All   dram   shops  and   drinking   houses  in  this  Drinking  houses 

■^  to  be    closed,  on 

state,  shall  be  closed  during  the  day  of  said  election,  and  the  tion.°^*^^  ^^^''' 
succeeding  night;  and  any  person  selling  or  giving  away  Saieorgift  of  in- 

^  "^  *-  *^    toxicating  liquor 

intoxicating  liquors  during  said  day  or  night,  shall  be  pun-  p"^"^*^^*^^*^- 
ished  by  fine  not  less  than  two  hundred  dollars,  for  each  and 
every  oftence,  or  imprisoned  not  less  than  six  months,  or 
both. 


64  CONSTITUTION  OF  THE  [Schedule. 

Hours  of  voting.      Sec.  16.     The  polls  sliall  be  opened  at  eight  o'clock  in  the 

Counting  of  bai-  forcnoon,  and  shall  be  kept  open  until  sunset.      After  the 

polls  are  closed  the  ballots  shall  be  counted  by  the  judges  at 

the  place  of  voting,  as  soon  as  the  polls  are  closed,  unless 

prevented  by  violence  or  accident ;  and  the  results  by  them 

Disposition  ofro-  certified  on  the  poll-books,  and  the  ballots  sealed  up.     They 

turns. 

shall  be  returned  to  the  County  Board  of  Election  Supervis- 
ors, who  shall  proceed  to  cast  up  the  votes  and  ascertain  and 
state  the  number  of  votes  cast  for  the  Constitution,  and  the 
number  cast  against  the  Constitution,  and  also  the  number 
Copies  of  abstract  of  votcs  cast  for  cach  Candidate  voted  for,  for  any  office,  and 

of  returns,     bal-  '  "^  ' 

boo  ks*"wh^e"re  shall  forthwith  forward  to  the  State  Board  of  Supervisors 

filed.  ^ 

duly  certified  by  them,  one  copy  of  the  statement  or  abstracts 
of  the  votes  so  made  out  by  them,  retain  one  copy  in  their 
possession,  and  file  one  copy  in  the  office  of  the  county 
clerk,  where  they  shall  also  deposit  for  safe-keeping  the  bal- 
lots sealed  up,  and  one  copy  of  the  poll  books,  retaining  pos- 
session of  the  other  copies. 

Ascertainment     Sec.  17.     The  State  Board  of  Supervisors  shall  at  once 

and     publication 

iLn^on^iovlton  procced,  on  receiving  sach  returns  from  the  County  Board  to 

of     Constitution. 

ascertain  therefrom  and  state  the  whole  number  of  votes 
given  for  the  Constitution,  and  the  whole  number  given 
against  it;  and  if  a  majority  of  all  votes  cast  be  in  favor  of 
the  Constitution,  they  shall  at  once  make  public  that  fact  by 
publication  in  two  or  more  of  the  leading  newspapers  pub- 
Constitution,    if  Hshcd  in  the  city  of  Little  Rock,  and  this  Constitution  from 

adopted,  in  force 

?ub?i?at\onf  ^"''^  ^^^^  ^^^^  shall  be  in  force;  and  they  shall  also  make  out  and 

Abstract     of    re- 
turns of  the  eiec-  file  in  the  office  of  Secretary  of  State  an  abstract  of  all  the 

tion,   to  be    filed  .       •' 

stateT^"*^  ^^^  °  votes  cast  for  the  Constitution,  and  all  the  votes  cast  against 
it ;  and  also  an  abstract  of  all  votes  cast  for  every  candidate 
voted  for  at  the  election,  and  file  the  same  in  the  office  of  the 

List  of  members  Secretary  of  State,  showing  the  candidates  elected.     They 

©f    General     As- 

bo™''certified*'  to  s^^all  also  make  out  and  certify,  and  lay  before  each  House  of 

General     Assem- 

t'ly-  the  General  Assembly,  a  list  of  the  members  elected  to  that 


Schedule.]  iSTATE  OF  AKKAI^SAS.  65 

House :  and  shall  also  make  out,  certify  and  deliver  to  the  Abstract  of  re- 

'  "  turns  of  election 

Speaker  of  the  House  of  Representatives,  an  abstract  of  all  t^be^lrtifiedTo 

Speaker  of  House 

votes  cast  at  the  election  for  any  and  all  persons  for  the  tfves:^^^'^^^^"**" 

office  of  Governor,  Secretary  of   State,  Treasurer  of  State, 

Auditor  of   State,  Attorney  General  and  Commissioner  of 

State  Lands  and  the  said  Speaker  shall  cast  up  the  votes,  and  ^tf  *announced^ 

announce  the  names  of  the  persons  elected  to  these  offices. 

The  Governor,  Secretary  of  State,  Treasurer  of  State,  Audi-  state       ^^^^P 

tor  of  State,  Attorney  General  and  Commissioner  of  State  duties."^"" 

Lands  chosen  at  said  election  shall  qualify  and  enter  upon 

the  discharge  of  the  duties  of  their  respective  offices  within 

fifteen    days   after   the   announcement   or   their   election  as 

aforesaid. 

Sec.  18.     All  officers  shown  to  be  elected  by  the  abstract  aii     officers 

"^  chosen     at     this 

of  said  election  filed  by  the  State  Board  of  Supervisors  in  the  comSionc^d  by 

Governor. 

office  of  the  Secretary  of  State,  required  by  this  Constitution 
to  be  commissioned,  shall  be  commissioned  by  the  Governor. 

Sec.  19.     At   said   election    the    qualified  voters  of   each  p^^^  election  of 

i  Representatives 

county  and  Senatorial  District  as  defined  in  article  eight  of 
this  Constitution,  shall  elect  respectively  Representatives  and 
Senators  according  to  the  numbers  and  apportionment  con- 
tained in  said  article.  The  Board  of  Election  Supervisors  of  Jf^^j^^^P^'^'fi^at^^ 
each  county  shall  furnish  certificates  of  election  to  the  per- 
son or  persons  elected  to  the  House  of  Representatives  as 
soon  as  practicable  after  the  result  of  the  election  has  been 
ascertained  and  such  Board  of  Election  Supervisors  in  each 
county  shall  make  a  correct  return  of  the  election  for  Sena- 
tor or  Senators  to  the  Board  of  Election  Supervisors  of  the 
county  first  named  in  the  Senatorial  apportionment,  and  said 
Board  shall  furnish  certificates  of  election  to  the  person  or 
persons  elected  as  Senator  or  Senators  in  said  Senatorial  Dis- 
trict as  soon  as  practicable. 

Sec.  20.     All    officers    elected   under   this   ConBtitution,  officers   elected, 

other  than  State 

except    the  Governor,  Secretary  of  State  Auditor    of    State,  eSefuponTheS 

Treasurer,    Attorney    General    and  Commissioner   of  State 
9 


66  COXSTITITION  OF  THE  [Soheduli 


Lands  shall  enter  upon  tVie  duties  of  their  several  offices  whei 
thej  shall  have  been  declared  duly  elected  by  said  ^^tatc 
Board  of  Supervisors,  and  shall  have  duly  qualified.  All 
such  officej-8  shall  qualify  and  enter  upon  the  duties  of  theii 
offices  within  fifteen  days  after  they  have  been  duly  notified 
of  their  election. 
Prior incumbentp      Sec.  21.     Upou  the  qualification  of  the  officers  elected  at 

to     vacate    their 

''^''^^-  said  election,  the  present  incumbents  of  the  offices  for  which 

the  election  is  held  shall  vacate  the  same^  and  turn  over  to 
the  officers  thus  elected  and  qualified,  all  books,  papers, 
records,  moneys  and  documents  belonging  or  pertaining  to 
said  offices  by  them  respectively  held. 

Time  of  conyen-      8ec.  22.     The  first  scssion  of  the  General  Assembly  under 

ing  of  first  session 

"Lnbiy"^'^*'    ^^'  this  Constitution  shall  commence  on  the  first  Tuesday  after 

the  second  monday  in  November  1874. 
Transfer  of  juris-      Sec.  23.     The  Couutv  Courts  provided  for  in  this  Consti- 

dictionfrom  " 

?i°sors\o^Co"u^nty  tution   shall    be   regarded  in   law,  as  a  continuation  of  the 

Courts: 

CouHs  t?  r^cuit  ^<^>ard8  of  Supervisors  now  existing  by  law,  and  the  Circuit 
Courts  shall  be  regarded  in  law  as  continuations  of  the  Crimi- 
nal   Courts    wherever  the   same  may   have  existed  in  their 

And   of  probate  respective    counties",  and    the  Probate   Courts  shall    be  re- 
business  to  Pro- 
bate Courts,         garded   as  continuations  of  the   Circuit  Courts  for  the  busi- 
ness  within  the  jurisdiction   of    such   Probate   Courts,  and 
the   papers  and  records  pertaining  to  said   Courts  and  juris- 
dictions   shall    be  transferred   accordingly ;  and  no   suit  or 
prosecution  of  any   kind  shall    abate  because  of  any  change 
made  in  this  Constitution. 
Present    incum-      Sec.  24.     All  officers  now  in  office   whose   offices  are  not 

bents  to  continue 

fi" atfon  "of  "^Tuc- abolished   by    this  Convention,  shall  continue  in  office   and 

cessors. 

discharge  the  duties  imposed  on  them  by  law,  until  their  suc- 
cessors   are  elected   and  qualified    under   this  Constitution. 
CommisBioner  of  The  officc  of  Commissioner  of  State  Lands  shall  be  continued. 

State  Ijands.  ' 

provided,  that  the  General  Assembly  at  its  next  session  may 
abolish  or  continue  the  same  in  such  manner  as  may  be  pre- 
scribed by  law. 


Schedule]  STATE  OF  ARKAKSAS.  67 

Sec.  25.     Any  election    officer  appointed  under   the  pro-  Pen^ty^ofjraud 
visions   of  this  schedule,  who  shall   fraudulently    and   cor-  ^'^''^•*'°' 
ruptly  permit  any  person  to  vote  illegally,  or  refuse  the  vote 
of  any  qualified  elector,  cast  up  or  make  a  false  return  of  said 
election,  sliall  be  deemed  guilty  of  a  felony,  and  on  convic- 
tion thereof,  shall  be  imprisoned  in  the  Penitentiary  not  less 
than  live  years  nor  more  than  ten  years.     And  any    person  ur  othar  persons. 
who  shall  vote  when  not  a  qualified   elector,  or    vote   more 
than  once,  or  bribe  any  one  to  vote  contrary   to  his    wishes, 
or  intimidate  or  prevent  any   elector  by  threats,  menace  or 
promises  from  voting,   shall    be  guilty  ot  a  felony  and  upon 
conviction    thereof,  shall    be   imprisoned  in  the  penitentiary 
not  less  than  one  nor  more  than  five  years. 

Sec.  26.     All  officers  elected  at  the  election  provided  for  in  Tenure  of  office  of 

officers  chosen  at 

this  Schedule  shall  hold  their  offices  for  the  respective  periods,  '^®  election. 

provided  for  in  the  foregoing  Constitution,  and   until    their 

successors  are  elected  and  qualified.     The  first  general  elec-  Time  of  next 

gcneriil  election. 

tions  after  the  ratification  of  this  Constitution  shall  be  held 

on  the  first  Monday  of  September   A.  D.  187b.     Nothing  in  Election  of  Con- 

gressmen. 

this  Constitution  and  the  Schedule  thereto,  shall  be  so  con- 
strued as  to  prevent  the  election  of  Congressmen  at  the  time 
as  now  prescribed  by  law. 

Sec.  27.     The  sum  of  five  thousand  dollars  is  hereby  ap-  Appropriation  to 

defray     expense* 

propriated  out  of  any  money  in  the  Treasury  not  otherwise '*'^'*^e  election, 
appropriated  to  defray  the  expenses  of  the  election  provided 
for  in  this  Schedule,  and  the  Auditor  of  State  shall  draw  his 
warrant  on  the  Treasurer  for  such  expenses  not  exceeding 
said  amount  on  the  certificate  of  the  State  Board  of  Super- 
visors of  election 

Sec.  28.     For  the  period   of  two  years  from  the  adoption  Present  salaries 

of  St*te  officers. 

of  this  Constitution,  and  until  otherwise  provided  by  law  the 
respective  officers  herein  enumerated  shall  receive  for  their 
services  the  following  salaries  per  annum. 

For  Governor  the    sum    of  $3,500  ^^:     For  Secretary  ot 
State  the   sum    of    $2,000  ^^:     For    Treasurer  the  sum  of 


68  CONSTITUTION  OF  THE  [Schedule. 

$2,500  ^A:  For  Auditor  the  sum  of  |2.500  ^^:  For  Attor- 
ney General  the  sum  of  $2,000  ^^ :  For  Commissioner  of 
State  Lands  the  sum  of  $2,000  ^^ :  For  Judges  of  the  Su- 
preme Court,  each  the  sum  of  $3,500  ^^ :  For  Judges  of 
Circuit  and  Chancery  Courts  each  the  sum  of  $2,500  ^^: 
For  Prosecuting  Attorneys  each  the  sura  of  $400  ^^  :  For 
Per  diem  and  Members  of  the  General  Assembly  the  sum  of   $6.  ^^  per 

mileage  of  mem-  *' 

AYsembiy?^"^'^'^'  day,  and  twenty  cents  per  mile  for  each  mile  travelled  in 
going  to  and  returning  from  the  seat  of  Government,  over 
the  most  direct  and  practicable  route. 

Done    in    Convention,  at  Little  Rock,  the  Seventh   day  of 

September  in  the  year  of  our  Lord  One   Thousand  eight 

hundred  and  seventy  four,  and  of  the  Independence  of 

the    United   States    the   ninety-ninth. 

In   Witness    Whereof,   we   hove    hereunto   subscribed,    our 

names. 

GRANDISOX  D.  R0Y8T0N, 

President  of  the  Convention,  and 
Delegate  from  the    County  of  Hempstead. 

Thomas    W.  Newton, 

Secretary. 

A.  M.  RODGERS,  Delegate  from  Benton  County. 
HORACE  H.  PATTERSON,  Delegate  from  Benton  County. 
W.  W.  BAILY,  Delegate  from  Boone  County. 
JNO.  R.  HAMPTON,  Delegate  from  Bradley  County. 
JOHN  W.  CYPERT,  Delegate  from  Baxter  County. 
BRADLEY  BUNCH,  Delegate  from  Carroll  County. 
JESSE  A.  ROSS,  Delegate  from  Clark   County. 
H.  F.  THOMASON,     "  "     Crawford     " 

W.  D.  L^IPER,  Delegate  from  Dallas  County. 
WM.  J.  THOMPSON,  Delegate  from  Woodruff  County. 
JAMES  A.  GIBSON,  Delegate  from  Arkansas  County. 
HENRY  W.  CARTER,  Delegate  from  Pike  County. 
DANIEL  F.  REINHARDT,  Delegate  from  Prairie  County. 


I 


STATE  OF  ARKA^TSAS. 


ELIJAH  MOSELEY,  Delegate  from  Ouachita  County. 
STEPHE:^'  C.  BATES,  Delegate  from  Polk  County. 
G.  P.  SMOOTE,  Delegate  from  Columbia  County. 

D.  L.  KILLGORE,  Delegate  from  Columbia  County. 
WILLIAM  S.  HANNA,  Delegate  from  Conway  County. 
JOHN  S.  ANDERSON,  Delegate  from  Craighead  County. 
J.  G.  FRIERSON,  Delegate  from  Cross  County. 

E.  FOSTER  BROWN,  Delegate  from  Clayton  County. 
JAS.  P.  STANLEY,  Delegate  from  Drew  County. 
JOHN  NIVEN,  Delegate  from  Dorsey  County. 

WILLIAM  W.  MANSFIELD,  Delegate  from  the  County  of  Franklin. 

JOHN  DUNAAYAY,  Delegate  from  the  County  of  Faulkner. 

DAVIDSON  D.  CUNNINGHAM,  Delegate  from  the  County  of  Grant. 

BEN.  H.  CROWLY,  Delegate  from  the  County  of  Greene. 

II.  M.  RECTOR,  Delegate  from  Garland  County. 

JNO.  R.  EAKIN,  Delegate  from  Hempstead  County. 

W.  C.  KELLY,  Delegate  from  Hot  Spring  County. 

J.  W.  BUTLER,  Delegate  from  Independence  County. 

JAMES  RUTHERFORD,  Delegate  from  Independence  County. 

RANSOM  GULLEY,  Delegate  from  Izard  County. 

FRANKLIN  DOSWELL,  Delegate  from  Jackson  County. 

JNO:  A.  WILLIAMS,  Delegate  from  Jefferson  County. 

SETH  J.  HOWELL,  Delegate  from  Johnson  County. 

PHILIP  K.  LESTER,  Delegate  from  Lawrence  County. 

J.  H.  WILLIAMS,  Delegate  from  Little  River  County. 

J.  P.  EAGLE,  Delegate  from  Lonoke  County. 

REASON  G.  PUNTNEY,  Delegate  from  Lincoln  County. 

MONROE  ANDERSON,  Delegate  from  Lee  County. 

JOHN  CARROLL,  Delegate  from  Madison  Co. 

S.  P.  HUGHES,  Delegate  from  Monroe  County. 

NICHOLAS  W.  CABLE,  Delegate  from  Montgomery  County. 

CHARLES  BO  WEN,  Delegate  from  Mississippi  County. 

R.  K.  GARLAND,  Delegate  from  Nevada  County. 

HENRY  G.  BUNN,  Delegate  from  Ouachita  County. 


70  CONSTITUTIOK  OF  ARKANSAS. 


W.  IT.  BLACKWELL,  Delegate  from  P-erry  County. 

JNO.  J,  HORXOR,  Delegate  from  Phillips  County. 

JNO.  R.  HOMER  SCOTT,  Delegate  from  the  County  of  Pope. 

JOHX  MILLER,  JR.,  Delegate  from  the  County  of  Randolph, 

SIDA^EY  M.  BARlS^ES,  Delegate  from  the  County  of  Pulaski. 

JABEZ  M.  SMITH,  Delegate  from  Saline  County. 

BEN.  B.  CHISM,  Delegate  from  the  County  of  Sarber. 

J.  W.  SORRELS,  Delegate  from  Scott  County. 

W.  S.  LINDSEY,  Delegate  from  Searcy  County. 

R.  P.  PULLIAM,  Delegate  from  Sebastian  County. 

W.  M.  FISHBACK,  Delegate  from  Sebastian  County. 

B.  H.  KINSWORTHY,  Delegate  from  Sevier  County. 

LEWIS  WILLIAMS,  Delegate  from  Sharp  County. 

JOHN  M.  PARROTT,  Delegate  from  Saint  Francis  County. 

WALTER  J.  CAGLE,  Delegate  from  Stone  County. 

HORATIO  G.  P.  WILLIAMS,  Delegate  from  Union  County. 

ROBT.  GOODWIN,  Delegate  from  Union  County. 

A.  R.  WITT,  Delegate  Irom  Van  Buren  Co. 

R.  P.  POLK,  Delegate  from  Phillips  County. 

T.  W.  THOMASON,  Delegate  from  Washington  County. 

BENJAMIN  F.  WALKER,  Delegate  from  Washington  County. 

M.  F.  LAKE,  Delegate  from  AYashington  Co. 

JESSE  N.  CYPERT,  Delegate  from  White  County. 

J.  W.  HOUSE,  Delegate  from  Wliite  County. 

JOSEPH  T.  HARRISON,  Delegate  from  Yell  County. 

MARCUS  L.  HAWKINS,  Delegate  from  Ashley  County. 

EDWIN  R.  LUCAS,  Delegate  from  Fulton  County. 

BENJAMIN  W.  JOHNSON,  Delegate  from  Calhoun  County. 

RODERICK  JOYNER,  Delegate  from  Poinsett  County. 


AN"   INDEX 

(CHIEFLY  ANALYTICAL) 


TO  THE 


CONSTITUTION     OF    ARKANSAS. 


[Note.— In  the  column  headed  "  Art.,"  the  letters  Pr.  and  Sc,  respectively,  signify  the  Preamble,  and 
the  Schedule.] 


A. 


Sec.        Pagk. 


ABATEMENT  of  actions,  not  to  take  place  because  of  change  made  in 
this  Constitution 

Abolition  of  government,  Right  of  the  people  to 

^&«ence  of  Governor  from  the  State,  Case  of. 

of  President  of  the  Senate  from  the  State,  during  vacancy  in 

of&ce  of.  Governor,  Case  of 

on  business  of  descriptions  specified,  to  cause  no  forfeiture  of 

residence 

Absent  Members    of  General    Assembly,   Attendance  of,  compellable  by 

number  less  than  quorum 

ulccoimt  of  all  public  money  to  be  rendered  by  collectors,  holders,  etc., 
before  they  shall  become  eligible  to  General    Assembly,  or 

office  of  trust  or  profit 

AecountB  of  receipts  and  expenditures  of  public  money.  Publication  of... 

Accutation,  Right  of  accused  to  be  informed  of.-. 

Right  of  accused  to  copy  of. 

Accused,  Rights  of,  in  criminal  prosecutions  for  libel. 

Rights  of,  in  criminal  prosecutions  generally 

Acting  Oovemor—aee  President  oj  Senate,  and  Speaker  of  House  of  Rep- 
resentatives. 
Action,  Right  of,  for  injuries  to  persons  or  property,  or  resulting  in  death.. 

Actions  against  the  State  prohibited 

relating  to  sixteenth  section  lands,  or  to  money  due  therefor 

by  citizens  of  counties,  cities,  or  towns,  for  general  protection  of 

inhabitants,  against  enforcement  of  illegal  exactions.. 

civil,  competency  of  witnesses  in 

by  or  against  executors,  administrators,  or  guardians.  Rule  re- 
specting testimony  of  parties  in 

not  to  abate  because  of  change  made  in  this  Constitution 

Ads,  Style  of 

10 


Sc 

23 

66 

2 

1 

2 

6 

12. 1.3 

18 

6 

13 

*  18 

19 

7 

56 

5 

11 

11 

5 

8 

11 

19 

12 

57 

2 

10 

4 

2 

10 

4 

2 

6 

3 

2 

8,10 

3.4 

5 

32 

15 

5 

20 

13 

.7 

44 

30 

16 

13 

48 

Sc 

2 

61 

Sc 

2 

61 

Sc 

23 

66 

5 

19 

13 

CV 

cvi  INDEX  TO  CONSTITUTION. 


Revival,  amendment,  and  extension  or  conferment  of  provi- 
sions, of. 

local  and  special.  Restrictions  upon  General  Assembly,  respect- 
ing passage  of J. 

But  see.  also,  for  full  digest,  "  Special  Legislation." 

making  appropriations.  Requisites  of. 

making  general  appropriations.  Restriction  on  contents  of. 

Separate,  and  embracing,  each,  but  one  subject,  required,  to 
make  appropriations  other  than  for  ordinary  expenses  of  leg- 
islative, executive,  and  judicial  departments  of  State 

upon  their  passage  by  both  houses  of  General  Assembly,  to  be 

presented  to  Governor  for  approval 

disapproved  by  Governor,  to  be  returned,  with  objections,  to 

house  in  which  originated 

returned,  disapproved,  by  Governor,  Reconsideration  of. 

returned,  disapproved,  by  Governor,  Passage  of. 

not  returned  by  Governor  within  five  days   (with  exceptions 

stated)  to  become  laws 

making  appropriations.  Power  of  Governor  to  disapprove  items 

of. 

making  appropriations.  Parts  of,  approved  by  Governor,  to  be 

law 

making  appropriations.  Items  of,  disapproved  by  Governor,  to 

be  void  unless  repassed  as  prescribed  in  ease  of  bill 

Printing,  binding,  and  distributing  of.  to  be  performed  under 
contract,  to  be  given  to  lowest  responsible  bidder,  below  maxi- 

*  mum  price,  under  reg  ilations  to  be  prescribed  by  law 

See,  also,  BiUs,  and  Laws,   (the   latter-named  head  espe- 
cially.) 

Address,  to  the  government.  Right    of. 

of  General  Assembly,  for  removal  of  State  oflBcers 

Adherence  to  enemies  of  the  State,  to  constitute  treason 

Adjournment  of  Senate  and  House  of  Representatives,  from  day  to  day,  in 

absence  of  quorum 

of  either  house  of  General  Assembly,  for  more  than  three  days, 

without  consent  of  the  other,  prohibited 

of  either  house  of  General  Assembly,  without  consent  of  the 
other,  to^eet  at  place  other  than  that  in  which  the  two  houses 

shall  be  sitting,  prohibited 

of  General  Assembly,  Effect  of,  upon  bills  in  hands  of  Governor.. 
Joint  or  concurrent  resolutions  of  both  houses  of  General  As- 
sembly  upon  questions  of,  do  not  require  approval  of  Gov- 
ernor  

Case  of  disagreement  between  the  two  houses  of  General  Assem- 
bly respecting  time  of 

Administrators,  Courts  of  Probate  to  have  exclusive  original  jurisdiction, 

as  may  be  prescribed  by  law,  in  matters  relative  to 

Homesteads   subject  to  seizure,  under  judgments  against,  for 

moneys  collected  by 

Competency  of,  as  witnesses,  in  actions  by  or  against 

Adoption  of  children.  No  special  law  to  be  passed,  authorizing 

Advaniuge,  Offer  of,  to  influence  action  of  public  officer,  or  acceptance  of. 

by  officer,  constitutes  felony 

Affinity  on  part  of  Judge  or  Justice  of  the  Peace,  to  disqualify  from  pre- 
siding at  trial 

Affirmation— S6Q  Oath. 

Age  of  persons  subject  to  militia  duty 

of  persons  entitled  to  gratuitous  instruction  in  free  schools 

For  age  required  as  qualification  to  exercise '.right , of  suffrage. 

and  hold  offices,  see  under  the  proper  headings  in  each  case. 

Agents  [of  the  State],  Extra  compensation  to,  after  the  service  shall  have 

been  rendered,  or  contract  made,  prohibited,  unless  "allowed 

by  bill  passed  by  two-thirds  of  members  elected  to  each  branch 

of  General  Assembly 

Agriculture 

bureau  of.  General  Assembly  may  create 

Agricultural  interests  of  the  State,  General  Assembly  to  pass  laws  fostering 

and  aiding 

Aid  to  agricultural,  mining,  and  manufacturing  interests 

Aid  and  comfort  given  to  enemies  of  the  State,  to  constitute  treason 


IT. 

Sec. 

5 

23 

5 

24,  25,  26 

5 

29 

5 

30 

5 

30 

6 

15 

6 

15 

6 

15 

6 

15 

6 

15 

6 

17 

6 

17 

6 

17 

2 

4 

15 

3 

2 

14 

5 

11 

5 

28 

5 

28 

6 

15 

6 

16 

6 

20 

7   • 

34 

9 

3 

Sc 

2 

5 

24 

S 

35 

7  . 

20 

11 

1 

14 

1 

5 

27 

10 

10 

1 

10 

1 

10 

1 

2 

14 

^ 


INDEX  TO  CONSTITUTION.  cvii 


Aldermen  may  serve  as  ofBeers  of  election 

Aliens,  resident.  Distinctions  of  law  between,  and  citizens,  in  mattpr  of 

property,  forever  prohibited 

Alleys,  Vacating  of,  not  to  be  effected  by  special  law 

Allodial,  All  lands  in  the  State  declared 

Alloioances  for  or  against  counties,  cities,  or  towns.  Appeal  from 

Alms-houses,  Contracts  for  care  and  keeping  of  paupers,  where  there  are 

no 

Alteration  of  government.  Right  of  the  people  to 

of  bills,  on  passage  through  either  house,  not  to  be  such  as  to 

change  their  original  purpose 

Amendment  of  bills,  on  passage  through  either  house,   not  to  be  such  as 

to  change  their  original  purpose 

of  laws,  not  to  be  by  reference  to  title  only,  but  by  re-enactment, 

and  publication,  at  length,  of  portions  amended 

of  charters.  Conditions  of 

Amendments  to  Constitution 

Appeals  from  judgment  of  Circuit  Courts,  in  matters  of  equity... 

from  judgments  of  County  Courts  and  Courts  of  Common  Pleas, 

when  established 

from]  Probate  to  Circuit  Courts '. 

from  County  Judge,  in  matter  of  orders  for  provisional  writs 

issued  in  absence  of  Circuit  Judge  from  county 

■wj  from  final  judgment    of  Justices  of    the   Peace,    to    Circuit 

Ik  Courts 

ip  from  allowances  made  for  and  against  counties,  cities,  or  towns 

in  contested  elections  for  county,  township,  or  municipal  oflSces.. 
See  Apptllate  jurisdiction  (below,) 

Appellate  jurisdiction  of  Supreme  Court 

of  Circuit   Courts 

Appointment  of  oflScers,  civil  or  military,  by  General  Assembly  or  either 

house  thereof 

to  fill  vacancy  in  office  of  Treasurer,  Secretary,  or  Auditor,  of 

State,  or  Attorney  General 

Governor  to  issue,  to  fill  vacancy  in  office,  where  no  other  mode 

for  filling  the  same  is  provided  by  Constitution  and  laws 

disqualifying  holder  for  service  as  officer  of  election 

of  State  Geologist 

But  see,  more  fully,  under  head  of  each  office. 

Apportionmtnt 

of  Representatives,  to  be  made  only  at  first  regular  session  after 

each    census.  State  or  Federal 

Apprenticeship  of  minors.  County  Courts  to  have  exclusive  original  juris- 
diction in  all  matters   relating   to 

Appropriation  of  private  property  for  public  use 

Specific,  by  law,  requisite  to  drawing  of  money  from  treasury... 

(?5.000)  to  defray  expenses  ef  election  under  Schedule 

Appropriations,  or  payments  of  money,  on  any  claim  the  subject  matter  of 
which  shall  not  have  been  provided  for  by  pre-existing'.laws, 
prohibited,  unless  allowed  by  bill  passed    by   two-thirds    of 

members    elected  to  each  branch  of  General  Assembly 

to  be  specific,  and  their  purpose  to  be  distinctly  stated  in  bill... 
Maximum  amount  of,  in  dollars  and  cents,  to  be  specified  in 

bill 

not  to  be  for  a  longer  period  than  two  years 

General,  to  embrace  nothing  but  appropriations  for  ordinary 
expenses  of  executive,  legislative,  and  judicial  departments 

of  State 

other  than  for  ordinary  expenses  of  legislative,  executive,  and 
judicial  departments  of  State,  to  be  made  by  separate  bills, 

each  embracing  but  one  subject 

of  money,    except  by  vote  of  majority  of  two-thirds  of  both 
houses  of  General  Assembly,  to  be  made   only  for  certain 

specified  purposes 

Power  of  Governor  to  disapprove  items  of. 

Bills  making.  Parts  of,  approved  by  Governor,  to  be  law 

bills  makiug.j  Items  of,  disapproved  by  Governor,  to  be  void 

unless  repassed  as  prescribed  in  case  of  bills 

for  expenses  of  the  county.  Justices  of  the  Peace  to  sit  with 
County  Judge  in  making 


Art. 

Sec. 

Paok, 

3 

10 

8 

2 

20 

5 

5 

24 

14 

2 

28 

7 

7 

51 

32 

19 

16 

58 

2 

1 

2 

5 

21 

13 

5 

21 

13 

23 

14 

17 

8 

50 

19 

22 

59 

15 

24 

33 

28 

35 

28 

37 

29 

42 

30 

51 

32 

52 

32 

4 

22 

14 

24 

5 

14 

12 

6 

22 

21 

6 

23 

21 

3 

10 

8 

10 

2 

40 

8 

4 

37 

7 

28 

27 

2 

22 

6 

5 

29 

15 

Ic 

27 

67 

5 

27 

14 

5 

29 

15 

5 

29 

15 

5 

29 

15 

5 

31 

15 

6 

17 

20 

6 

17 

20 

6 

17 

20 

7 

30 

27 

cviii  INDEX  TO  CONSTITUTION. 


Disbursements  from  treasury  to  be  in  accordance  with 

Ai>proval,  by  Governor,  of  bills 

of  Governor  required  for  joint  and  concurrent  orders  or  reso- 

tions,  except  on  questions  of  adjournment 

of  State  contracts 

Area,  Minimum,  of  counties 

Arkaruas,  Boundaries  of  the  State  of. 

See,  also.  State, 

Armament  of  the  militia 

Arm$,  Right  of  citizens  to  keep  and  bear,  for  their  common  defence 

Army,  Standing,  not  to  be  kept  in  time  of  peace 

Armv  of  ike    U.   S.,  Action  of  grand  jury  not  requisite  in  case  of  of- 
fences arising  in 

Soldiers  of,  acquire  no  residence  by  reason  of  being  stationed 

in  the  State 

Arrett,  Privilege  of  freedom  from,  of  members  of  General  Assembly 

Privilege  of  volunteers  and    militia  from,  during  attendance 

at  musters,  etc 

Artillery,  Volunteer  companies  of. 

Atiembly,  peaceable.  Right  of. 

Asaesiment  of  property.  Assessors  to  receive  no  per  centum   upon 

of  value  of  property  or  right  of  way  appropriated  to  use  of  cor- 
porations  

of  property,  for  purposes  of  taxation.  Principles  of 

Aaaessmenta  on  real  property,  for  local  improvements  in  towns  or  cities.... 

Aatessori,  Election  of. 

Term  of  office  of. 

Duties  of. 

to  receive  no  per  centum  upon  valuation  or  assessment  of  prop- 
erty  

See,  also.  County   Officers. 
A$si8tant$  of  collectors  or  holders  of  public  money.  Conditions  of  eligi- 
bility of,  to  General  Assembly,  or  office  of  trust  or  profit 

Associate  Justices  of  Sapieme  CovLTt— see  Court,  Supreme,  Judges  of. 
Associations,  General  laws  not  to  be  suspended,  by  legislature,  for  benefit 

of  particular 

Counties  and  municipal  corporations  prohibited;  from  obtaining 

or  appropriating  money  for,  or  loan  of  credit  to 

Atheists  disqualified  from  holding  civil  office,  or  testifying  as  witnesses.... 
Attachment,  Exemption  from  seizure  on— see  Exemption. 

Attainder,  Bill  of,  prohibited 

Atiestaiion  of  grants  and  commissions,  to  be  by  Secretary  of  State 

Attorney  General  an  officer  of  Executive  Department 

Term  of  office  of. 

to  keep  his  office,  in  person,  at  seat  of  government 

how  chosen 

Returns  of  election  of. 

Case  of  tie  in  elections  for 

Contested  elections  for 

ineligible  to  seat  in  either  house  of  General  Assembly 

to  hold  no  other  .office,  or  commission,   civil  or   military,  in 
this,  or  under  any  State,  or  the  U.  S.,  or  any  other  power,  at 

one  and  same  time 

Salary  of,  etc 

Salary  of,  during  two  years  from  adoption  of  Constitution 

liable  to  impeachment 

how  removable  upon  address 

Vacancy  in  office  of 

to  perform  such  duties  as  may  be  prescribed  by  law 

a  member  of  Board  of  Canvassers  of  returns  of  election  to  fill 

vacancy  in  office  of  Governor 

First  election  for 

chosen  at  first  election,  Return  and  announcement  of  elec- 
tion of. 

chosen  at  first  election,  when  to  enter  upon  discharge  of  duties.. 
Attorneys,  Homesteads  subject  to  seizure  under  judgments  against,  for 

moneys  collected  for  them 

Attorneys,  Prosecuting— see  Prosecuting  Attorneys. 

Auditor  of  State  an  officer  of  Executive  Department 

Term  of  office  of. 


Art. 

Sec. 

16 

12 

6 

15 

6 

16 

19 

15 

13 

1 

11 

1 

2 

5 

2 

27 

2 

8 

3 

7 

5 

15 

11 

3 

11 

2 

2 

4 

7 

46 

12 

9 

16 

5 

19 

27 

7 

46 

7 

46 

7 

46 

12 

5 

19 

1 

2 

17 

6 

10 

6 

1 

6 

1 

6 

1 

6 

3 

6 

3 

6 

3 

6 

4 

5 

7 

6 

22 

,Sc 

11.  28 

Sc 

28 

15 

1 

15 

3 

6 

22 

6 

22 

6 

14 

Sc 

3 

Sc 

17 

Sc 

17 

9 

3 

6 

1 

6 

1 

INDEX  TO  CONSTITUTION.  cix 


B. 


Art. 

Skc. 

Page. 

6 

1 

16 

6 

3 

16 

6 

3 

16 

6 

3 

17 

6 

4 

17 

5 

7 

11 

6 

22 

21 

19.  Sc 

11,  28 

56.  67 

Sc 

28 

67 

15 

1 

45 

15 

3 

45 

6 

22 

21 

6 

22 

21 

to  keep  his  ofiBce,  in  person,  at  seat  of  government 

how  ehosen 

Returns  of  election  of. 

Case  of  tie  in  elections  for 

Contested  elections  for 

ineligible  to  seat  in  either  house  of  General  Assembly 

to  hold  no  other  office,  or  commission,  civil  or  military,  in  this, 
or  under  any.  State,  or  the  U.  S.,  or  any  other  power,  at 
one  and  same  time 

Salary  of,  etc 

Salary  of,  during  two  years  from  adoption  of  Constitution 

liable  to  impeachment 

how  removable  upon  address 

Vacancy  in  office  of 

to  perform  such  duties  as  may  be  prescribed  by  law 

Contracts  for  stationery,  printing,  paper,  fuel,  for  use  of  Gen- 
eral Assembly  and  other  departments  of  government,  print- 
ing, binding,  distributing  of  laws,  journals,  and  department 
reports,  repairing  and  furnishing  halls  and  rooms  for  use  of 
General  Assembly,  to  be  subject  to  approval  of. 

Publication  of  receipts  and  expenditures  of  public  money 

Duty  of,  in  matter  of  appropriation  to  defray  expenses  of  elec- 
tion under  Schedule 

First  election  for 

chosen  at  first  election.  Return  and  announcement  of  elec 
tion  of. 

chosen    at  first   election,  when  to    enter    upon   discharge    of 

duties 

See,  also,   "  AudUor  of  Public  Accounts,"  (below.) 
See,  also,  for  further  duties  of  Auditor,  and  restrictions  im- 
posed upon  his  action.   Appropriations,  Claims,  Disburie- 
ments.  Expenditures,  PaymerU,  etc. 
"yli«<Wtor  of  Public  Accounts,"  Railioad  companies  to  make  annual  report 

to 17  13  51 

Authentication  of  official  acts  of  Governor 6  9  18 


19 

15 

57 

19 

12 

57 

Sc 

27 

67 

Sc 

3 

61 

Sc 

17 

64 

Sc 

17 

65 

Bail,  Right  to 2  8  4 

in  case  of  division  of  jury  in  criminal  prosecution 2  8  3 

Excessive,  not  to  be  required 2  9  4 

Ballot,  All  elections  by  the  people  to  be  by 3  3  8 

Secrecy  of  the 3  3  8 

of  qualified  elector,  being  refused,  not  counted,  or  not  returned, 

to  be,  nevertheless,  counted  upon  trial  of  contest 3  11  9 

5a?iot«  to  be  numbered  in  order  in  which  received 3  3  8 

Numbers  of,    to   be   recorded   by   election  officers,    on   list  of 

voters,  opposite  name  of  electors  presenting  them 3  3  8 

at  election  under  Schedule,  to  be  numbered Sc  14  63 

at  election  under  Schedule,  Counting,  sealing,  and  further  dis- 
position  of. 

Ballot-Boxei  at  election  under  Schedule 

at  election  under  Schedule,  Disposition  of,  after  election 

Banishment,  under  any  circumstances,  prohibited 

Benefit  of  the  people  one  of  the  objects  of  the  institution  of  government... 

Bids  on  State  contracts 

Biennial  sessions.  Regular,  of  General  Assembly,  when  and  where  to  be 

held 

Regular,  of  General  Assembly,  Duration  of. 

Biennial  Elections — see  Elections. 

Bill,  All  laws  to  be  passed  by 

Bill  of  attainder  prohibited 

Bill  of  Bights 

See  Declaration  of  Eights. 
Bills  not  to  be  so  altered  or  amended,  on  their  passage  through  either 

house,  as  to  change  their  original  purpose 

to  be  read  at  length,  on  three  different  days,  in  each  house,  un- 
less rules  suspended  by  two-thirds  of  the  house  (when  they 
may  be  read  a  second  or  third  time  gn  the  same  day) 


Sc 

16 

64 

Sc 

9 

62 

Sc 

16 

64 

2 

21 

6 

2 

1 

2 

19 

15,16 

57.58 

5 

5 

10 

5 

17 

12 

5 

21 

13 

2 

17 

5 

2 

2 

5 

21 

13 

5 

22 

13 

ex  INDEX  TO  CONSTITUTION. 

Art,  Sec.        Page. 

not  to  become  law  unless  yeas  and  nays  taken  on  final  passage, 
names  of  persons  voting  for  and  against  entered  on  journal, 
and  majority  of  each  house  recorded  as  voting  in  favor  of 5  22  13 

local  or  special.  Notice  of  intention  to  apply  for.  to  be  published 
in  locality  where  matter  or  thing  to  be  affected  may  be  situ- 
ated   5  26  U 

local  or  special,  Notice  of  intention  to  apply  for,  to  be  at  least 
thirty  days  prior  to  introduction,  into  General  Assembly,  of 
such  bill,  and  in  manner  to  be  provided  by  law 5  26  14 

local  or  special.  Proof  of  publication  of  notice  of  intention  to 
apply  for,  to  be  exhibited  in  General  Assembly,  before  pas- 
sage   of. 5  26  14 

allowing  extra  compensation  to  officers,  agents,  employes,  or 
contractors  [of  the  State],  after  the  service  shall  have  been 
rendered  or  contract  made,  require  consent  of  two-thirds  of 
the  members  elected  to  each  branch  of  General  Assembly 5  27  14 

allowing  claims,  subject-matter  of  which  shall  not  have  been 
provided  for  by   pre-existing  laws,  require  consent  of  two- 

■  thirds  of  the  members  elected  to  each  branch  of  General  As- 
sembly   5  27  14 

making  appropriations.  Requisites  of 5  29  15 

making  general  appropriations,  to  embrace  nothing  but  appro- 
priations for  the  ordinary  expense  of  the  executive,  legisla- 
tive, and  judicial  departments  of  the  State 5  30  15 

Separate,  and  embracing  each  but  one  subject,  required,  to  make 
appropriations  other  than  for  ordinary  expenses  of  legislative, 
executive,  and  judicial  departments  of  State 

New,  not  to  be  introduced  into  either  house  of  General  Assem- 
bly during  last  three  days  of  session 

upon  passage  by  both  houses  of  General  Assembly,  to  be  pre- 
sented to  Governor  for  approval 

disapproved  by  Governor,  to  be  returned,  with  objections,  to 
house  in  which  originated 

returned,  disapproved,  by  Governor,  Reconsideration  of. 

returned,  disapproved,  by  Governor,  Passage  of 

not  returned  by  Governor  within  five  days  (with  exceptions 
stated)  to  become  laws 

making  appropriations,  Power  of  Governor  to  disapprove  items 
of. 

making  appropriations,  Parts  of,  approved  by  Governor,  to  be 
law 

making  appropriations.  Items  of,  disapproved  by  Governor,  to 

be  void  unless  repassed  as  prescribed  in  case  of  bill 

See,  also,  Acts,  and  Laws. 
Bills  [of  credit]  Acts  authorizing  issue  of,  to  circulate  as  money,  prohib- 
ited   12  10  42 

Binding  of  laws  and  journals,  department  reports,  and  other  binding,  to 

be  performed  under  contract  to  lowest  responsible  bidder,  below 

maximum  price,  as  shall  be  prescribed  by  law 19  15  57 

Blind,  General  Assembly  to  provide  for  support  of  institutions  for  educa- 
tion of. 19  19  58 

Blood,  corruption  of.  No  conviction  to  work 2  17  5 

Board  of  Canvassers  of  returns  of  election  to  fill  vacancy  in  office  of  Gov- 
ernor   6  14  19 

Board,    State,    of  Supervisors   of  Eledtion  under   Schedule — see  Election 

under  Schedule,  State  Board  of  Supervisors  of. 
Boards,  County,  of  Supervisors  of  Election  under  Schedule— see  Election 
under  Schedule,  County  Boards  of  Supervisors  of. 
Boards,  Municipal,  Members  of  (aldermen  not  included) ,  disqualified  for 

service  as  officers  of  election 3  10  8 

Boards  of  Supervisors  of  Counties— see  County  Boards  of  Supervisors. 
Bond  to  keep  the  peace,  and  for  good  behavior.  Power  of  Justices  of  the 

Peace  to  require ". 7  40  30 

in  case  of  appeal,  by  citizen,  from  allowances  for  or  against 
counties,  cities,  or  towns 

official,  of  State  and  county  officers.  Qualifications  of  sureties  of.. 
Bonds  of  railroad  or  other  corporations,  held  or  owned  by  State,  not  to  be 

released  except  by  payment  thereof  into  State  treasury 

of  private  corporations.  Restriction  upon  issue  and  increase  of. 


5 

30 

15 

5 

34 

16 

6 

15 

19 

6 

15 

19 

6 

15 

19 

6 

15 

19 

6 

15 

19 

6 

17 

2p 

G 

17 

20 

6 

17 

20 

7 

51 

19 

21 

5 

33 

12 

8 

INDEX  TO  CONSTITUTION.  cxi 


Issue  of,  may  be  by  law  authorized,  to  provide  for  and  secure 
payment  of  present   existing  indebtedness  of  counties  and 

municipalities 

Books  of  railroad,  canal,  and  turnpike  companies,  to  be  kept  for  inspec- 
tion by  stockholders  and  creditors 

of  railroad,  canal,  and  turnpike  companies,  what  to  contain 

Official,  to  be  turned  over  to  officers  chosen  at  first  election 

Boundaries  of  the  State 

of  counties.  Change  of. 

Breach  of  the  peace.  Case  of,  constitutes  exception  to  electors'  privilege  of 

freedom  from  arrest 

Case  of,  constitutes  exception  to  Senators'  and  Representatives' 

privilege  of  freedom  from  arrest 

case  of.  Privilege  of  volunteers  and  militia  from  arrest,  at  mus- 
ters, etc..  not  to  extend  to 

Bribe,  Reception  of,  by  officer,  to  be  considered  felony,  and  punished  ac- 
cordingly  

Bribery  in  elections,  to  constitute  felony,  and  disqualify  for  offices  of  trust 

or  profit 

Conviction  of,  after  adoption  of  Constitution,  disqualifies  for 

seat  in  General  Assembly,  or  office  of  trust  or  profit 

of  public  officer,  to  constitute  felony,  in  both  parties,  and  to  be 

punished  accordingly 

at  election  under  Schedule,  Penalty  of. 

Bribes,  Power  of  each  house  of  General  Assembly  to  protect  its  members 

against  offers   of. 

Bridges,  County  Courts  to  have  exclusive  original  jurisdiction  in  all  mat- 
ters relating  to 

Contracts  for  erection  or  repairs  of 

Buildings  for  schools,  and  used  exclusively  for  public  charity,  exempt 

from  taxation 

Buildings,  Public,  Contracts  for  erection  or  repairs  of. 

Burdens  of  citizenship.  No  exemption  from,  on  account  of  race,  etc 

Bureau,   Mining,   Manufacturing,  and  Agricultural,  General  Assembly 

may  create 

Business,  of  specified  descriptions.  Absence  on  account  of,  to  cause  no  for- 
feiture of  residence 


Art.  Sec.        Page. 


C. 


Called  sessions  of  General  Assembly 

Cctnal  Companies  to  be  common  carriers 

to   maintain  one  office  in  the  State,  where  transfers  of  stock 
shall  be  made 

Books  of,  to  be  kept  at  office,  for  inspection  of  stockholders  and 
creditors 

Books  of,  to  show  amount,  ownership,  and  transfers  of  stock, 
and  names  and  places  of  residence  of  officers 

Consolidation,  lease,  purchase,  or  control,  of  parallel  or  com- 
peting lines  of,  by  their  lessees,  purchasers,  or  managers,  pro- 
hibited  

Officers  of,  not  to  act  as  officers  of  similar  companies  control- 
ing  parallel  or  competing  lines 

Officers  of,  prohibited  from  interest,  direct  or  indirect,  in 
supplies  to  such  company,  or  in  its  business  as  common  car- 
rier  

prohibited  from  making  discrimination  in  charges,  or  in  facili- 
ties for  transportation,  by  abatement,  drawback,  or  other- 
wise  

or  their  lessees,  managers,  or  employes,  prohibited  from  mak- 
ing preferences  in  motive  power 

General  Assembly  to  prevent,  by  law,  grant  of  free  passes  by,  to 
any  officer  of  the  State 

Laws  to  be  passed  to  correct  abuses,  and  to  prevent  unjust  dis- 
crimination, and  excessive  charges,  by 

See,  also.  Corporations. 
Canals 

to  be  public  highways 

Equal  right  of  all  individuals,  corporations,  etc.,  to  transporta- 
i©n  of  persons  and  property  over 


17 

2 

48 

17 

2 

48 

Sc 

21 

66 

1 

1 

13 

1.2,4 

43.44 

3 

4 

8 

5 

15 

12 

11 

3 

40 

5 

35 

16 

3 

6 

8 

5 

9 

11 

5 

35 

16 

Sc 

25 

67 

5 

12 

11 

7 

28 

27 

19 

16 

58 

16 

5 

47 

19 

16 

58 

2 

3 

2 

10 

1 

39 

19 

7 

56 

6 

19 

20 

17  . 

1 

48 

17 

2 

48 

17 

2 

48 

17 

2 

48 

17 

4 

49 

17 

4 

49 

17 

6 

49 

17 

6 

49 

17 

7 

50 

17 

10 

50 

17 

48 

17 

1 

48 

6 

14 

19 

10 

3 

40 

11 

2 

40 

16 

5 

47 

8 

4 

37 

8 

1.2.4 

33,  35.  37 

7 

47 

31 

7 

4 

22 

19 

2 

55 

5 

24 

14 

2 

10 

4 

5 

24 

14 

cxii  INDEX  TO  CONSTITUTION. 

Art.  Sec.        Pagi 

Undue  or  unreasonable  discrimination  in  charges  and  facilities 

of  transportation  upon,  prohibited 17  3  4 

Question  of  parallelism  or  competing  lines  of,  to  Ye  decided  by 

a  jury,  as  in  other  civil  issues 17  4  4 

Canvaesers,  Board  of,   of  returns   of  election  to  fill  vacancy  in  oflSce  of 

Governor 

Capital  invested  in  mining  and  manufacturing  businsss  in  this  State.  Ex- 
emption of.  from  taxation 

Capital  of  the  State— see  Seat  of  government. 
Capital  offences— see  Offences,  Capital. 
Capital  stock— see  Stock. 

Cavalry,  Volunteer  companies  of. 

Cenuteries,  used  exclusively  as  such,  exempted  from  taxation 

Census,  by  the  State  government 

of  the  United  States,  A.  D.  1880 

Certificate  of  election  of  .Constables 

Certiorari,  Supreme  Court  may  issue  writs  of,  in  aid  of  its  appellate  and 

supervisory  jurisdiction 

Challenge  to    duel 

OAanflreo/ names  of  persons,  not  to  be  effected  by  special  law 

Change  of  venue  in  criminal  prosecutions 

in  criminal  cases,  not  to  be  efi"ected  by  local  or  special  law 

Chancellor  of  Pulaski  Chancery    Court— see   Courts,  under  sub-head   of 

Pulaski  Chancery  Court,  Judge  of. 
Chancellors — See  Courts  of  Chancery,  Judges  of. 
Chancery  Court  of  Pulaski  County— see    Courts,    under  sub-head    of 

Pulaski  Chancery  Court, 
Chancery  Courts — see  Courts  of  Chancery. 

Character,  Right  to  remedy  for  injuries  or  wrongs  to 

Charge,  criminal.  Persons  how  to  be  held  to  answer 

Charges  to  juries,  to  declare  the  law  without  regard  to  matter  of  fact 

to  juries,  to  be  reduced  to  writing  at  request  of  either  party 

Charitable   Corporations 

Charity,  public,  Buildings,  grounds,  and  materials,  used  exclusively  for, 

exempt  from  taxation 

Charters  under  which  bona  fide  organization  be  not  made  and  business 
commenced  in  good  faith,  at  adoption  of  Constitution,  de- 
clared invalid 

Power  of  General  Assembly  to  alter,  revoke,  or  annul 

Conditions  of  remission  of  forfeiture,  alteration,  or  amend- 
ment   of. 

Chief  Justice — see   Courts — Supreme,  Chief  Justice  of. 

Chief  Magistrate,  Supreme  executive  power  to  be  vested  in 

to  be  styled  "  The  Governor  of  the  State  of  Arkansas  " 

Children,  adoption  or  legitimation  of,  No  special  law  to  be  passed,  au- 
thorizing  

minor.  Homestead  exemption  for  benefit  of. 

Churches,  used  as  such,  exempted  from  taxation 

Circuit  Clerks 

Election  of. 

Term  of  ofBce  of. 

to  be  (except  in  cases  of  counties  with  population  exceeding 
fifteen  thousand,  where  separate  County  Clerks  are  to  be 
chosen)  ex-officio  clerks   of  County  and  Probate  Courts  and 

Recorders 

To  sign  all  writs  and  other  judicial  process  of  the  courts  of 

which  they  are  clerks 

Circuit  Courts — see  Courts,  Circuit,  and  Courts,  Inferior. 

Circuits,  Judicial 

State  to  be  divided  into 

[  For  list  of  judicial  circuits,  shounng  of  tohat  counties  the  cir- 
cuits respectively  are  to  be  composed,  until  otherioise  provided  by 
th«  General  Assembly,  see  Table  at  close  of  the  Index.] 

Circulating  medium.  Acts  authorizing  issue  of,  prohibited 

Cities,  Municipal    Corporation  Courts  of 

Power  of  Supreme  Court  to  issue  writs  of  quo-warranto  to  offi- 
cers of. 

Corporation  Courts  of,  Jurisdiction  of. 

Appeals  from  allowances  made  for  or  against 


2 

8 

7 

23 

7 

23 

12 

2 

16 

5 

12 

1 

12 

6 

fi 

2 

6 

2 

5 

24 

9 

6,  10 

16 

0 

7 

19 

7 

19 

7 

19 

7 

19 

7 

49 

18 

7 

13 

2 

10 

7 

1 

7 

5 

7 

43 

7 

51 

INDEX  TO  CONSTITUTION. 


CXlll 


Cities,   General    Assembly  to  provide,  by  general  laws,  for  organiea- 

tion  of 

General  Assembly  to  provide,  by  general  laws,  specific  restric- 
tions of  powers  of. 

Restrictions  upon  powers  of  taxation  and  assessment  by 

Restrictions  upon  powers  of  borrowing  money  and  contracting 

debts   by 

forbidden  to  pass  laws  contrary   to   the  general  laws   of  the 

State 

not  to  become  stockholders  in  any  corporation,  etc 

not  to  appropriate  any  money  for,  or  loan  credit  to,  any  corpo- 
ration, individual,  etc 

Assumption  of  liabilities  of,    by  the  State 

never  to  loan  credit  for  any  purpose 

to  issue  no  interest-bearing  evidences  of  indebtedness,  except 
bonds  authorized  by  law  to  provide  for  and  secure  payment  of 

present  existing  indebtedness 

Taxes  of,  in  what  funds  payable 

Orders  or  warrants  of,  receivable  for  corporation  taxes 

Right  of  citizens  to  institute  suit  for  general  protection  of  in- 
habitants, etc 

Assessments  on  real  property  for  local  improvements  in,   may 

be  authorized  by  General  Assembly 

See,  also.  Corporations,  Municipal. 
City  Courts— seo  Courts,  Corporation. 
City  officers,  except  aldermen,  and  including  members  of  any  municipal 
board,  commission,  or  trust,  disqualified  for  service  as  oflBcers 

of  election 

Maximum  of  salary,  fees,  and  perquisites  of. 

to  pay  into  city  treasury  all  sums  by  them  received,  in  excess 

of  five  thousand  dollars  net  profit  per  annum 

City  offi.ce8.  Appeals  in  cases  of  contested  elections  for 

Citizen  to  be  deprived  of  no  right,  privilege,  or  immunity,  and  exempted 
from  no  burden  or  duty,  on  account  of  race,  color,  or  previous 

condition 

Citizens,  Right  of,  to  keep  and  bear  arms,  for  their  common  defence 

Equality  of  privileges  and  immunities  among  all 

Distinctions  of  law  between,  land  resident  aliens,  in  matter  of 

property,  forever  prohibited 

of  counties,  cities,  and    towns.    Right  of,  to  institute  suit  for 

general  jfrotection  of  inhabitants,  etc 

of  countiflB,  cities,  or  towns.  Right  of,  to  appeal  from  allow- 
ances made  for  or  against  the  same 

See,  also^  People,  and  Eights. 

Civil  actions.  Competency  of  witnesses  in 

Civil  K6erty,  Acknowledgment  of,  gratitude  to  God  for 

Perpetuation  and  security  of,  one  of  the  objects  of.  the  Constitu- 
tion  

Civil  office  and  officers— see   Office,   and  Officers. 
Civil  power.  The    military   at    all   times    to    be   in    strict   subordina- 
tion to 

never  to  interfere  to  prevent  free  exercise  of  right  of  suffrage 

Civil  process — see  Process,  Civil. 
Claims,  subject-matter  of  which  shall  not  have  been  provided  for  by  pre- 
existing laws.  No  money  to  be  appropriated  or  paid  on,  unless 
allowed  by  bill  passed  by  two-thirds  of  members   elected  to 

each  branch  of  General  Assembly 

Class  legislation  prohibited 

But  see  under  Special  Legislation,  sub-head  of  "  Provisions 
prohibiting  class  legislation." 

Classification  of  Senators,  at  first  session,  as  respects  term  of  office 

Clerk  of  Supreme  Court 

Term  of  office 

Subject  to  removal  for  good  cause 

But  see,  further,  under   Courts— Supreme,  Clerk  of. 
Clerk  of  the   Separate  Chancery  Court  of  Pulaski  County,  First 

election  for /. 

[See,    also,    however,     under    Courts— Pulaski     Chancery, 
Clerk  of  ] 

^\y        OP'    THB  "^ 

[UNIVERSITY 


ST. 

Sec. 

Paqb. 

12 

3 

41 

12 

3 

41 

12 

3,4 

41 

12 

3,  5 

41 

12 

4 

41 

12 

5 

41 

12 

5 

41 

12 

5 

41 

16 

1 

46 

16 

1 

46 

16 

10 

47 

16 

10 

47 

16 

13 

48 

19 

27 

60 

3 

10 

8 

19 

23 

59 

19 

23 

59 

7 

■52 

32 

2 

3 

2 

2 

5 

3 

2 

18 

5 

2 

20 

5 

16 

13 

48 

7 

51 

32 

So 

2 

61 

Pr 

-   , . 

1 

Pr 


So 


5 

27 

14 

2 

3,  IS,  19 
20,  24.26 

2,5.  6 

5 

3 

10 

7 

7 

23 

7 

7 

23 

7 

7 

23 

cxiv  INDEX  TO  CONSTITUTION. 

Art.  Sec.        Page. 

Clerks  of  courts  of  record,  and  of  all  inferior  courts,  ineligible  to'"seat  in 

either  house  of  General  Assembly 5  7  11 

of  courts,  to  sign  all  writs  and  other  judicial  process 7  49  31 

[For  Clerk  of  each  court,  see  under  Courts,  and  the  tub-head 
of  his  particular  court.] 
of  departments  of  State.  Number  and  salaries  of,  to  be  fixed  by 

law 16  4  46 

Closed  doors.  Either  house  of  General  Assembly  may  sit  with,  when  the 

business  is  such  as  ought  to  be  kept  secret 5  13  12 

Collection  of  debt— see    Exemptions, 

Collector  of  taxes,  SherifiF  to  be,  ex-officio 7  46  31 

OoWectors  of  public  money,  ineligible  to  General  Assembly,  or  office  of  trust 
or  profit,  until  account  and  payment  of  all  sums  for  which 

liable 5  8  11 

Color,    No    distinction     in     point   of   civil    rights  j.or   duties,    on    >c- 

count  of. 2  3  2 

Commander-in-Chief,  Governor  to  be  (with  exception  stated) 6  6  17 

Commission,  Treasurer,  Secretary  and  Auditor  of  State,  and  Attorney 
General,  not  to  hold  any  other.  State,  U.  S.,  or  otherwise,  at 

one  and  same  time ^ 6  22  21 

Governor  to  issue,  to  fill  vacancy  in  oflaee,  where  [no  other  mode 

for  filling  the  same  is  provided  by  Constitution  and  laws 6  23  21 

Commissions  to  be  issued  in  the  name  and  by  authority  of  the  State, 
sealed  with  the  great  seal  of  the  State,  signed  by  Governor, 

and  attested  by  Secretary  of  State 6  10  IS 

Officers  provided  for  in  Art.  VII  of  the  Constitution  (except 

Constable),  to  receive,  from  Governor 7  48  31 

of  Justices  of  the  Peace 7  38  29 

of  officers  chosen  at  first  election Sc  18  65 

Commissions,  Municipal,  Members  of,  disqualified  for  service  as  officers 

of  election 3  10  8 

Commissioner  of  State  Lands,  General  Assembly  may  provide,  by  law,  for 

establishment  of  office  of. 6  '1  16 

Office  of,  continued,  subject  to  abolition,  etc.,  at  first  session  of 

^  General  Assembly Sc  24  66 

Salary  of,  etc. 7.19,Sc  10,  11,28     24,57,67 

Salary  of,  during  two  years  from  adoption  of  Conststution Sc  28  67 

First  election  for Sc.  3  61 

chosen  at  first  election.   Return  and   announcement  of  elec- 
tion of. '. Sc  17  64 

First  elected,  when  to  enter  upon  discharge  of  duties Sc  17  65 

Committees  of  General  Assembly,  Contracts  for  repairing  and  furnishing 
rooms  for  use  of,  to  be  given  to  lowest  responsible  bidder,  be- 
low maximum  price,  under  regulations  to  be  prescribed  by 

law.* 19  15  57 

Committees  of  the  Whole,  Sessions  of,  to  be  open,  unless  when  business  is 

such  as  ought  to  be  kept  secret 5  13  12 

Common  Carriers,  Railroad  and  canal  companies  to  be 17  1  48 

Common  defence.  Right  of  citizens  to  keep  and  bear  arms,  for  the 2  5  3 

Common  ffooi.  Right  of  peaceable  assembly  to  consult  for  the 2  4  3 

Common  Law,  felony  at.  Effect  of,  commission  of,  upon  right  of  sufi"rage...  3  2  7 

Common  Pleas— see  Courts  of  Common  Pleas. 
Common- Schools— see  Schools. 

CbniTOMnicatioTi  of  free  thoughts  and  opinions.  Right  to 2  6  3 

Communications,  by  Governor,  to  General   Assembly — see  Messages. 
Commutation  of  sentence.  Governor  to  have  power,  except  in  cases  of  trea-  • 

son  and  impeachment,  to  grant,  after  conviction 6  18  20 

Each  case  of,  to  be  communicated,  by   Governor,  to  General 
Assembly,  with  his  reasons  therefor,  and  prescribed  statement 

of  particulars 6  18  20 

Commutation  tickets  upon  railroads 17  3  49 

Companies— see  Corporations. 

Companies,   Volunteer,  of  militia 11  2  40 

Cbmj3e7wa«ion  of  State  officers 19,  Sc  11,28  57,  67 

of  members  of  General  Assembly 5, 19,  Sc     16,11,28,  12,  57,67 

of  officers  of  State  and  members  of  General  Assembly,  during 

two  years  from  adoption  of  Constitution Sc  28  67 

of  State  officers  not  to  be  increased  or  diminished  during  their 

respective  terms •. 19  H  56 

of  members  of  General  Assembly,  not  to  be  increased  during 


19 

23 

59 

10 

24 

18 

25 

37 

28 

37 

28 

37 

28 

46 

31 

10 

2 

40 

5 

27 

14 

2 

22 

6 

12 

9 

42 

Sc 

2 

61 

19 

1 

55 

2 

10 

4 

5 

14 

12 

12 

9.  11 

42,  43 

INDEX  TO  CONSTITUTION.  cxv 

Art.  Sec.        Page. 

term  for  which  they  have  been  elected,  under  any  law  passed 

during  such  term 5,  19  16,  11  12.57 

of  State,  county,  city,  and  town  oflBcers,  not  to   exceed   five 

thousand  dollars  net  profit  per  annum  in  par  funds 

of  Judges  of  Supreme  Court 

of  Judges  of  Circuit  Courts 

of  County  Judges 

of  Judges  of  Probate  Courts 

of  Judges  of  Courts  of  Common  Pleas 

of  Assessors 

of  State  Geologist 

Extra,  to  any  officer,  agent,  employe,  or  contractor  [of  the 
State],  after  the  service  has  been  rendered,  or  contract  made, 
prohibited,  unless  allowed  by  bill,  passed  by  two-thirds  of  the 

members  elected  to  each  branch  of  General  Assembly 

Compensation  for  private  property  taken  or  damaged  for  public  use 

and  right  of  way  taken  for  use  of  corporations 

Gompetency  of  witnesses  in  civil  actions 

See.  also 

Compulsory  process  for  witnesses.  Right  of  accused  to 

Concurrent  orders— see    Order*. 
Concurrent  resolutions— see  Resolutions,  Concurrent. 
Concurrent  vote  of  both  houses  of  General  Assembly,  on  appointment  of 

officers,  how  taken  and  recorded 

Condemnation  of  private  property  by  corporations 

Condition,  previous.  No  distinction  in  point  of  civil  rights  or  duties,  on 

account  of. 

Conferment  of  provisions  of  laws,  not  to  be  by  reference  to  title  only,   but 
by  re-enactment,  and  publication,  at  length,  of  provisions 

conferred 

Confession  in  case  of  treason ; 

Congress,  Members   of,  ineligible  to  seat  in  either  house  of  General  As- 
sembly  

not  to  exercise  office  of  Governor 

to  be  elected  at  time  prescribed  by  law  at  date  of  adoption  of 

Constitution 

Consanguinity  on  part  of  Judge  or  Justice  of  the  Peace,  to  disqualify  from 

presiding  at  trial 

Conscience,  Right  of. 

Consideration,  to  influence  action  of  public  officer.  Person  oflFering.  and 

officer  accepting,  guilty  of  felony , 

Consolidation  of  parallel  or  competing  lines  of  railroads  or  canals,  pro- 
hibited  ; 

Constables,  Election  of. 

Term  of  office.. 

to  receive  from  presiding  judge  of  County  Court  certificate  of 

election 

Official  oath  to  be  endorsed  upon  certificate  of  election  of. 

Case  of.  constitutes  exception  to  rule  requiring  officers  to  be 

commissioned  by  Governor 

See,  also,  Township  officers. 
Constitution  ordained  and  established  by  the  people  of  the  State  of  Arkan- 
sas, to  perpetuate  civil  and  religious  liberty,  and  secure  the 

same  to  themselves  and  their  posterity 

All  laws  contrary  to  the  provisions  of,  to  be  void 

Amendments  to 

State  Board  of  Supervisors  of  Election  under  Schedule  to  fur- 
nish, and  supply  County  Boards  with,  copies  of,  for  distribu- 
tion  

Abstract  of  votes  cast  for  and  against,  to  be  filed  with  Secretary 

of  State 

to  be  in  force  from  date  of  publication,  by  State  Board  of  Super- 
visors of  Election,  of  its  ratification  by  the  people'^ 

Election  for  submission  of,   to  the  people— see  Election  un- 
der Schedule. 
Constitution  of  1868,  Efi"ect  of  exemptions  created  by,  from  seizure  for  debt.. 

Constitutional   Convention — see   Convention,   Constitutional. 
Constitutional  sanction.  Right  of  property  before,  and  higher  than,  any... 

*  This  publication  was  made  October  30th,  1874— see  p.  xxiii. 


2 

14 

5 

5 

7 

11 

6 

11 

18 

Sc 

26 

67 

7 

20 

25 

2 

24 

6 

5 

35 

16 

17 

4 

49 

7 

47 

31 

7 

47 

31 

7 

47 

31 

7 

47 

31 

Pr 

1 

2 

29 

7 

19 

22 

59 

Sc 

10 

62 

Sc 

17 

64 

Sc 

17 

64 

9 

9 

39 

2 

22 

6 

cxvi  INDEX  TO  CONSTITUTION. 

Aht.  Sec.        Page. 

Construction  of  Declaration  of  Rights 2  29  7 

Consultation  for  the  common  good.  Right  of  peaceable  assembly  for  pur- 
poses of. 2  4  3 

Contempts  in  presence  of  either  house  of.  General  Assembly,  Power  to 

punish 5  12  11- 

in  presence  of  either  house  of  General  Assembly,  Punishment 

for,  not  a  bar  to  indictment  for  same  offence 5  12  12 

General  Assembly  to  have  power  to  regulate  punishment  of, 
in  cases  where  not  committed  in  presence  or  hearing  of  court 

or  in  disobedience  to  process 7  26  27 

Contested  elections— see  Elections— Contested. 
Contractors  [with  the   State]  Extra  compensation   to,    after  the  service 
shall  have  been  rendered  or  contract  made,  prohibited,  unless 
allowed  by  bill  passed  by  two-thirds   of  members  elected  to 

each  brauEh  of  General  Assembly 5  27  U 

Cbn«rac<,  Jurisdiction  of  Justices  of  the  Peace  in  matters  of 7  40  29 

Contracts,  Laws  impairing  the  obligation  of,  prohibited 2  17  5 

with  the  State,  not  to  be  supplemented  by  additional  compen- 
sation, unless  by  bill  passed  by  two-thirds  of  members  elected  * 

to  each  branch  of  General  Assembly 5  27  14 

between  the  State  and  corporations 16  7  47 

in  violation  of  constitutional  prohibition    to  oflScers,  etc.,  of 

railroad  or  canal  companies,  void 17  5  49 

for  greater  rato^of  interest  than  ten  per  cent,  per  annum,  void, 

and  to  be  prohibited 19  13  57 

for  stationery,  printing,  paper,  fuel,  binding,  distribution  of 
laws,  journals,  and  department  reports,  repairing  and  fur- 
nishing halls  and  rooms  for  use  of  General  Assembly 19  15  57 

for  public  buildings,  or  bridges,  or  for  materials  therefor,  or  for 
care  of  paupers,  where  there  are  no  alms-houses,  to  be  given 
to  lowest  responsible  bidder,  under  regulations  prescribed  by 

law 19  16  58 

between  individuals,  executed  since  adoption  of  Constitution  of 
1868,  Rule  of  distinction  between  sealed  and  unsealed  instru- 
ments concerning Sc  1  60 

Convention,  Constitutional,  President  of,  to  fill  vacancies  in  State  Board 
of  Supervisors   of  Election   under    Sche#ile,  in  case  of   all 

plaees  on  said  Board  becoming  vacant  at  same  time Sc  7  62 

Conviction  of  treason.  Requisites  to 2  14  5 

not  to  work  corruption  of  blood  or  forfeiture  of  estate 2  17  5 

Lawful,  of  felony  at  common  law»  may  forfeit  or  impair  right 

of  suffrage 3  2  7 

of  fraud,  bribery,  or  other  willful  violation  of  an  election  law 

of  the  State,  Penalties  consequent  upon 3  6  8 

after  adoption  of  Constitution,  of  embezzlement  of  public 
money,  bribery,  forgery,  or  other  infamous  crime,  to  disqual- 
ify for  seat  in  General  Assembly,  or  office  of  trust  or  profit...  5  9  11 

of  Governor,  on  impeachment,  Office  how  filled  in  case  of. 6    12,13,14  18 

must  precede  a  reprieve,  commutation  of  sentence,  or  par- 
don   6  18  20 

in  trial  of  impeachments,  Two-thirds  vote  of  Senators  requi- 
site to 15  2  45 

Cbpi/ of  accusation.  Right  of  accused  to 2  10  4 

Coroners,  Election  of. 7  46  31 

Term  of  office 7  46  31 

Duties 7  46  31 

ineligible  to  seat  in  eitheir  house  of  General  Assembly 5  7  11 

See,  also.  County  officers. 
Corporation  Cburts— see  Courts,  Corporation. 

*  Corporations,  Municipal  and  Private 12  ..  41 

political  and  municipal.  General  Assembly  may  delegate  taxing 
power,  with  necessary  restriction,  to,  to  extent  of  providing 
for  their   existence,  maintenance,    and  well-being,    but  no 

further - 2  23  6 

municipal.  Officers  of,  aldermen  excepted,  disqualified  for  ser- 
vice as  officers  of  election 3  10  8 

*  Note. — It  was  thought  desirable  to  present  at  one  view  all  the  provisions  of  the  Constitution  upon  the 
subject  of  corporations ;  but  in  attempting  to  draw  the  line  of  distinction  between  the  difi'erent  species  of 
corporate  bodies,  it  was  found  that  in  some  instances  the  Constitution  itself  does  not  seem  clearly  to  have 
done  so.    The  references,  therefore,  in  this  place,  are  simply  given  in  the  order  of  the  text. 


INDEX  TO  CONSTITUTION.  cxvii 

Aht.  Sec.        Paob. 

Corporations,  General  laws  not  to  be  suspended.by  legislature,  for  benefit 

of  particular 5  25  14 

Obligations  or  liabilities  of,  held  or  owned  by  State,  not  to  be 
exchanged,  transferred,  remitted,  postponed,  or  diminished, 
by  General  Assembly,  or  released  except  by  payment  thereof 
into  State  treasury 5  33  15 

political.  Power  of  Supreme  Court  to  issue  writs  of  quo  warranto 
tooflScers  of. 

municipal.  Appeals  from  allowances  made  for  and  against 

municipal.  Right  of  appeal  in  contested  elections  for  office  of..... 

Limitation,  upon  powers  of  General  Assembly,  as  respects  crea- 
tion of,  by  special  acts 

for  charitable  purposes 

for  educational  purposes 

forjenal  purposes 

for  reformatory  purposes 

municipal.  General  Assembly  to  provide,  by  general  laws,  for  or- 
ganization of. 

municipal.  General  Assembly  to  provide,  by  general  laws,  speci- 
fied restrictions  of  powers  of 

municipal,  Restrictions  upon  powers  of  taxation  and  assess- 
ment by 

municipal.  Restrictions  upon  powers  of  borrowing  money  and 
contracting  debts  by 

Municipal,  forbidden  to  pass  laws  contrary  to  the  general  laws 
of  the  State 

P               Municipal,  not  to  become  stockholders  in  any  corporation,  etc.. 
Counties  and  municipal  corporations  prohibited  from  appropri- 
ating money  for,  or  loan  of  credit  to 

Municipal,  not  to  appropriate  any  money  for,  or  loan  crcdit^to, 

any  corporation,  individual,  etc 

municipal.  Assumption  of  liabilities  of,  by  the  State 

to  be  formed  under  general  laws 

General  laws  for  formation  of,  may  be  altered  or  repealed 

Power  of  General  Assembly  to  alter,  revoke,  or  annul  charters.. 
State  not  (with  exceptions  set  forth  in  Constitution)  to  be  stock- 
holder in,  subscribe  to.  or  be  interested  in  the  stock  of. 

private.  Restrictions  upon  issue  and  increase  of  stock  or  bonded 

indebtedness   of. 

Compensation  for  property  and  right  of  way  appropriated  to  use 

of 

foreign,  doing  business  in  this  State,  Regulations  concerning... 

Assumption  of  liabilities  of,  by  the  State 

Indebtedness  of,  to  the  State,  not  to  be  released  or  discharged 

save  by  payment  into  the  public  treasury 

Municipal,  never  to  loan  credit  for  any  purpose 

municipal,  to  issue  no  interest-bearing  evidences  of  indebted- 
ness, except  bonds  authorized  by  law  to  provide  for  and  secure 

payment  of  present  existing  indebtedness 

Power  of  State  to  tax,  not  surrendered  or  suspended  by  any  con- 
tract or  grant  to  which- the  State  may  be  a  party 

municipal.  Taxes  of,  in  what  funds  payable 

Orders  or  warrants  of,reeeivable  for  corporation  taxes 

Right  of  citizens  to  institute  suit  for  general  protection  of  in- 
habitants, etc 

Conditions  of  remission  of  forfeiture,  alteration,  or  amendment 

of  charter,  or  passage  of  any  law  for  benefit  of. 

State's  right  of  eminent  domain  over  property  and  franchise  of. 
Corporations,  Canal — see  Canal  Companies. 
Corporations,  Railroad — see  Railroad  Companies. 
Corporations,  Turnpike— sqq  Turnpike  Companies. 
Corruption,  Ineligibility,  to   General  Assembly,  of  member  expelled  for., 
of  public  officer,  to  constitute  felony,  in  both  parties,  and  to  be 

punished  accordingly 

Corruption  of  blood.  No  conviction  to  work 

Costs  in  case  of  appeal  by  citizen  from  allowances  for  or  against  counties, 

cities,  or  towns 

State  officers  (Prosecuting  Attorneys  excepted)  not  to  receive  to 

their  own  use 

Counsel,  Right  of  accused  to  be  heard  by 


7 

5 

23 

7 

51 

32 

7 

52 

32 

12 

2 

41 

12 

2 

41 

12 

2 

41 

12 

2 

41 

12 

2 

41 

12 

3 

41 

12 

3 

41 

12 

3,4 

41 

n 

3,5 

41 

12 

4 

41 

12 

5 

41 

12 

5 

41 

12 

5 

•  41 

12 

12 

43 

12 

6 

42 

12 

6 

42 

12 

6 

42 

12 

7 

42 

12 

8 

42 

12 

■  9 

42 

12 

11 

42 

12 

12 

43 

12 

12 

43 

16 

1 

46 

16 

7 

47 

16 

10 

47 

16 

10 

47 

16 

13 

48 

17 

8 

50 

17 

9 

50 

5 

35 

10 

2 

17 

5 

7 

51 

32 

19 

11 

56 

2 

10 

4 

INDEX  TO  CONSTITUTION. 


RT. 

Sec. 

13 

7 

28 

7 

51 

8 

1 

13 

13 

1 

13 

1 

12 

5 

12 

5 

16 

1 

16 

1 

16 

10 

16 

10 

Counties,  County  Seats,  and  County  Lines ^ 

County    Courts   to    have  exclusive    original  jurisdiction  in  all 
cases  necessary  to  internal  improvement  and  local  concerns  of.. 

Appeals  from  allowances  made  for  or  against 

Apportionment  of  Representatives  to 

Creation  of  new 

new,  Minimum  limits  of. 

new,  Minimum  number  of  inhabitants  of. 

not  to  become  stockholders  in  any  corporation,  etc 

not  to  obtain  or  appropriate  any  money  for,  or  loan  credit  to, 

any  corporation,    individual,  etc 

never  to  loan  credit  for  any  purpose 

to  issue  no   interest-bearing  evidence    of  indebtedness,    except 
bonds  authorized  by  law  to  provide  for  and  secure  payment  of 

present  existing  indebtedness 

Taxes  of,  in  what  funds  payable 

Orders  or  warrants  of,  receivable  for  county  taxes 

Eight  of  citizens  to  institute  suit  for  general  protection  of  in- 
habitants, etc 16  13 

[For  Table  showing  the  apportionment  of  counties  to  Senatorial     Districts 

and   Judicial    Circuits,   respectively,    as  prescribed    until    U.  S.  , 
Census  of  1880,  see  at  close  of  Index,] 
County  Boards  of  Supervisors,  County  Courts  to  be  regarded  as  continua- 
tions of. Sc  23 

Papt^rs  and  records  of,  to  be  transferred  to  County  Courts Sc  23 

Actions  in,  not  to  abate  because  of  change  made  in  this  Consti- 
tution   Sc  23 

County  Boards  of  Supervisors  of  Election   under   Schedule— see    Election 
under  Schedule,  County  Boards  of.  Supervisors  of. 
County  Clerks,  Circuit  Clerks  (except  in  cases  specified— see  next  entry)  to 

be,  ex-officig 7  19 

Separate,  to   be  chosen  in  counties  with  population  exceeding 

fifteen  thousand 7  19 

Separate,  to  be,  ex-officio.  Clerks  of  Probate  Courts 7  19 

Ballots,  and  copies  of  abstracts  of  votes  and  poll-books,  of  elec- 
tion under  Schedule,  to  be  filed  with Sc  16 

See,    also.    Courts,    County,  Clerks   of,    and  Courts,  Probate, 
Clerks  of. 
County  Courts — see  Courts,  County. 
County  expenses.  Justices  of  the  Peace  to  sit  with  County  Judge  in  mak- 
ing appropriations  for 7  30 

County  Judges— see  Cottrts,  County,  Judges  of. 

County  Lines 

Change  of. 

between  Pope  and  Johnson  Counties,  an  exception  to  general  re- 
striction of  Art.  XIII,  Sec.  1 

County  officers,  their  election,  term  of  office,  and  respective  duties 

Oath  of  office  of 

Qualifications  of  sureties  upon  ofiBcial  bonds  of. 

to  reside  within  their  respective  counties 

Place  of  ofiBce  of,  to  be  such  as  may  be  designated  by  law 

Maximum  of  salary,  fees,  and  perquisites  of. 

to  pay  into  county  treasury  all  sums  by  them  received  in  excess 

of  five  thousand  dollars  net  profit  per  annum 

Justices  of  the  Peace  (not  included)  disqualified  for  service  as 

officers  of  election 

Appointment  of,  by  Governor,  to  fill  vacancies  occurring  within 

six  months  before  next  general  election 

Special  elections  for,  in  case  of  vacancy 

First  election    for 

See,  also.  Sheriff,    Assessor,    Coroner,    County    Clerk,    County 
Surveyor,  and  County  Treasurer. 

County   offices.  Appeals  in  cases  of  contested  elections  for 

County,  Quorum  of  the— see  Quorum  of  the  County. 

County  seats 

Lines  of  new  counties    (with    exceptions  stated)    not  to   run 

,  within  ten  miles  of. 

of  new  counties.  Temporary  location  of. 

Sebastian  county  may  have  two 


13 

1.2,4 

13 

1,2,4 

13 

1 

7 

46 

19 

20 

19 

21 

19 

4 

19 

4 

19 

23 

7 

50 

7 

50 

Sc 

3 

7 

52 

13 

3,5 

13 

4 

13 

3 

13 

5 

Art. 

Skc. 

Paue. 

7  ■ 

4« 

31 

7 

46 

31 

7 

46 

SI 

7 

28 

27 

7 

30 

27 

16 

9 

47 

16 

10 

47 

7 

46 

31 

7 

46 

31 

19 

23 

59 

16 

10 

47 

2 

8 

3 

5 

20 

13 

5 

25 

14 

INDEX  TO  CONSTITUTION.  cxix 


County  Surveyor,    Election    of 

Term  of  office .'. 

Duties 

See,  also,  County  officers. 
County  Supervisors— see  County  Boards  of  Supervisors. 
County  taxes.  County  Courts  to  have  exclusive  original  jurisdiction  in  all 

matters  relating  to 

Justices  of  the  Peace  to  sit  with  County  Judge  in  levying 

not  to  exceed  one-half  of  one  percent.,  except  an  additional 
one-half  of  one  per  cent,  to  pay  present  existing  indebtedness... 

in  what  funds  payable 

County  Treasurer,  Election,  terra  of  office,  and  duties  of. 

to  be,  ex-officio,  treasurer  of  the  common-school  fund  of  the 

county * 

to  receive  from  county  officers  all  sums  by  them  Teceived  in  ex- 
cess of  $5,000  net  profit  per  annum 

See,  also.  County  officers. 

County  warrants  QT  orders,  receivable  for  county  taxes 

(hurt.  Discretion  of,  in  case  of  division  of  jury  in  criminal  prosecution... 
^COURTS : 

State  of  Arkansas  never  to  be  made  defendant  in  any  of  her 

having  jurisdiction  to  grant  particular  powers,   privileges,   or 

relief,  no  special  law  to  be  passed  for  those  purposes 

Court  of  Impeachment— see  Impeachment. 

Court,    Supreme 7  1  22 

how  constituted 7  2  22 

quorum  of.  Two  Judges  to  constitute 7  2  22 

Concurrence  of  two  Judges  of,  necessary  to  decisions  of. 7  2  22 

Increase  of  number  of  Judges  of. 7  3  22 

Original  jurisdiction  of. 7  4,5  22, 23 

Appellate  jurisdiction  of. 7  4  22 

Power  of,  in  aid  of  appellate  and  supervisory  jurisdiction,  to 

issue  writs 7  4  22 

Power  of,  in  exercise  of  original  jurisdiction,  to  issue  writs  of 

quo  warranto 7  5  23 

Superintending  control    of,    over   inferior  courts  of  law    and 

equity 7  4  22 

Terms  of. 7  8  23 

Special  Judges  of. .-. 7  9  23 

Appeal  to,  from  Circuit  Courts,  in  matters  of  equity 7  15  24 

Court,  Supreme,  Chief  Justice  of,  to  he  eleaieA.  B.S  SMch. 7  2  22 

to  preside  in  trial  of  impeachments 15  2  45 

how  removable  upon  address 15  3  45 

First  election  for Sc  3  61 

Court,  Supreme,  Judges  of  [including,  in  the  provisions  here  and  below 

referred  to,  the  Chief  Justice],  Number  of. 7  2,3  22 

Increase  of  number  of 7  3  22 

Division,  by  lot,  of,  at  the  first  meeting  of  the  Court,  to  decide 

term  of  office 7  6  23 

Election  of...: 7  6  23 

Qualifications  of. 7  6  23 

ineligible  to  seat  in  either  house  of  General  Assembly 5  7  11 

Salaries  of,  etc 7,  19,  Sc       10, 11,28-    24,  57,  67 

Salaries  of,    during  two  years  from  adoption  of  Constitution Sc  28  67 

Compensation  of,  after  first  session  of  General  Assembly,  not  to 
to  be  diminished  during  the  time  for  which  they  shall  have 

been  elected 7  10  24 

not  to  be  allowed  any  fees  or  perquisites  of  office,  or  to  hold  other 

offices  of  trust  or  profit .'. 7  10  24 

prohibited,  during  continuance  in  office,  from  practising  law  or 

appearing  as  counsel,  within  the  State 7  25       '        26 

liable  to  impeachment 15  1  45 

how  removable  upon  address 16  3  45 

to  be  conservators  of  the  peace  throughout  the  State 7  4  22 

*  Note.— The  professional  reader  will  observe  that  here,  as  in  some  similar  instances,  little  attempt  has 
been  made  toward  an  analysis  of  the  text ;  and  this  for  the  reason  set  forth  in  the  preface,  that  the  work 
has  been  designed  solely  with  a  view  to  practical  convenience.  On  topics  in  which  the  class  most  interested 
are  certain  to  turn,  for  their  better  satisfaction,  to  the  text  itself,  it  is  believed  that  simple  reference  to 
article,  section,  and  page,  will  in  many  cases  prove  most  serviceable. 


Art. 

Sec. 

4 

9 

9 

7 

7 

7 

49 

7 

7 

7 

1 

13 

18 

7 

12 

18 

21 

11,15 

15 

14 

45 

So 

23 

,  Sc 

45,23 

7 

27 

7 

14 

cxx  INDEX  TO  CONSTITUTION. 


Court,  Supreme,  Judges  of,  to  have  power  to  issue  remedial  writs 

Case  of  disqualification  of.  from  presiding  at  trial 

Special  Judges 

See,  also.  Judges. 

Court,  Supreme,   Clerk  of. 

Term  of  office  of. 

removable  for  good  cause 

to  sign  all  writs  and  other  judicial  process  of  the  court 

Oourt,  Supreme,  Repwter  of. 

Term  of  office 

removable  for  good  cause 

Courts,   Circuit 

Division   of  State  with  respect  to 

Judicial  Circuits .• 

\_For  Table  showing  the  apportionment  of  counties  to  Judicial  Circuits, 
aspresa-ibed  until  otherudse  provided  by  General  Assembly, 
see  at  close  of  the  Index.] 

to  hold   their   terms  in  each  county 

Terms  of  (until  otherwise  provided  by  General  Assembly) 

Special  Judges  of. , 

Original  jurisdiction  of. 

Equity  jurisdiction   of. 

Superintending  control  and  appellat  jurisdiction  of. 

Jurisdiction  of  separate  Criminal  Cturts  transferred  to 

to  be  regarded  as  continuations  of  Criminal  Courts 

Records,  books,  and  papers,  of  Criminal  Courts,  to  be  transfer- 
red  to 

Jurisdiction  of, in  matter  of  removal  of  county  and  township  of- 
ficers  

Power  of.  to  issue  writs 

Probate  Courts  to  bo  regarded  as  continuations  of,  for  transac- 
tion of  probate  business .'  Sc 

Papers  and  records  of  probate  business  in,  to  be  transferred  to 

Probate  Courts So 

Actions  in,  not  to  abate  because  of  change  made  in  this  Consti- 
tution  

Sebastian  county,  on  conditions  specified,  may  have  two 

Appeals  to,  from  judgments   of  County  Courts   and  Courts  of 

Common  Pleas 

Appeals  to,  from  Probate  Courts 

Appeals  to,  from  final  judgments  of  Justices  of  the  Peace 

Appeals  to,  from  allowances  made  for  or  against  counties,cities, 

or  towns 7  51 

Appeals  to,  in  contested  elections  for  county,  township,  or  mu- 
nicipal offices 7  52 

Appeals  from,  to  Supreme  Court,  in  matters  of  equity 7  15 

See,  also.  Courts,  Inferior, 

Courts,  Circuit,  Judges  of,    Election  of. 7  13,17 

Term  of  office 7  17 

Qualifications 7  16 

prohibited,  during  continuance  in  office,  from  practising  law 

or  appearing  as  counsel,  within  this  State 7  25 

ineligible  to  seat  in  either  house  of  the  General  Assembly 5  7 

not  to  be  allowed  any   fees  or  perquisites  of  office,   or  to   hold 

other  office  of  trust  or  profit 7  18 

Compensation  of,  not,  after  adjournment  of  first  General  Assem- 
bly, to  be  diminished  during  the  time  for  which  they  were 

elected 

Salary  of,  etc 7, 19, 

Salary  of,  during  two  years  from  adoption  of  Constitution 

liable  to  impeachment 

how  removable  upon  address 

First  election  for 

to  be  consarvators  of  the  peace   within    the   circuit   for  which 

elected , 

Power  of,  to  issue  writs  in  vacation 

Exchange  of  circuits  by 

Special  Judges 

Powers  of  County  Judges  in  absence  of,  from  the  county 

Power  of  Supreme  court  to  issue  writs  of  quo-warranto  to 

See,  also,  Judges,  ^ 


Sc 

23 

13 

5 

7 

33 

7 

.35 

7 

42 

7 

18 

Sc. 

10, 11,  28 

Sc 

28 

15 

1 

15 

3 

Sc 

3 

7 

13 

7 

14 

7 

22 

7 

21 

7 

37 

7 

5 

INDEX  TO  CONSTITUTION. 


1 

22 

15 

24 

25 

26 

7 

11 

11,28 

57.  6T 

28 

67 

1 

45 

3 

45 

6 

22 

Art.  Skc.         Pagh. 

Courts,   CircuU,    Clerks  of.  Election  of 7  19  25 

Term  of  office 7  19  25 

tobe.ex-officio  (except  in  cases  of  counties  with  population  ex- 
ceeding fifteen  thousand,  where  separate  County  Clerks  are  to 

be  chosen)  Clerks  of  Probate  Courts,  and  Recorders 7  19  26 

to  sign  all  writs  and  other  judicial  process  of  the  court 7  49  31 

Courts   of    Chancery:    Provisional   continuance  of  Pula«ki    Chancery 

Court 7  44  30 

See  Court,  Pulaski  Chancery,  below. 
General  Assembly   may   establish  separate,  when  deemed  ex- 
pedient    7 

Jurisdiction  in  matters  of  equity,  until  establishment  of 7 

See,  also.   Courts,  Inferior. 
Ctn*rts  of  Chancery,  Judges  of,  prohibited, during  continuance  in  office, 

from  practising  law  or  appearing  as  counsel  within  this  State  7 

ineligible  to  seat  in  either  house  of  General  Assembly 5 

Salary  of 19.  Sc 

Salary  during  two  years  from  adoption  of  Constitution Sc 

liable  to  impeachment 15 

howremovable  upon  address 15 

Power   of  Supreme  Court  to  issue   writs  of  quo  warranto  to 7 

See,  also.  Court,   Pulaski  Chancery,  Judge   of,  below,  and 
Judges. 
Courts  of  Chancery,  Clerks  of,  to  sign  all  writs  and  other  judicial  process 

of  the  court 7 

Court,  Pulaski  Chancery,  to  continue  in  existence  until    abolished    by 
law,  or  the  business  pending  at  adoption  of  Constitution  dis- 
posed of,  or  the  pending  business  transferred  to  other  courts....  7 
Transfer  from,  of  proceedings   relating   to    sixteenth  section 

lands,  or  to  money  due  therefor 7 

See,  also.  Courts,  Inferior. 

Court,  Pulaski  Chancery,  Judge  of.  Term  of  office  of. 7 

Election   of. 7 

First  election  for Sc 

But  see.  further.  Courts  of  Chancery,  Judges  of,  above. 
See,  also.  Judges. 

Court,  Pulaski  Chancery,  Clerk  of.  Election  of. 7 

Term  of  office 7 

First  election  for Sc 

to  sign  all  writs  and  other  judieialfprocess  of  the  court 7 

Omrts,  County 7 

Terms  of. 7 

'^tobeheld  by  one  Judge,  except  in  cases  otherwise  provided 
[i.  e. ,  in  case  of  full  session  of  the  Justices, to  levy  county  taxes 
and  make  appropriations  for  county  expenses;  for  which,  see 

Qvm~um  of  the  County] 7 

to  bo  regarded  as  continuation  of  Boards  of  Supervisors Sc 

Papers  and  records  of  Boards  of  Supervisors  to  be  transferred  to..  Sc 

Original  jurisdiction  of 7 

Appeals  from,  to  Circuit  Courts 7 

Superintending  control  and  appellate  jurisdiction  of  Circuit 

Courts  over 7 

Special  judges  of. 7 

Sebastian  county,  on  conditions  specified,  may  have  two 13 

*Cbtwte,  County,  in  full  sessioyi  of  the  Justices,  to  levy  county  taxes, 
and  make  appropriations  for  county  expenses— see  Quorum 
of  the  County. 
See,  also.  Courts,  Inferior. 

Coitrts,  Comity,  Judges  of,  Election  of. 7  29  27 

Terms  of  office  of 7  29  27 

Qualifications  of. 7  29  27 

*'NoTE,  The  substitution,  for  County  Boards  of  Supervisors,  of  a  County  Court,  consisting  of  a  single 
Judge,  has  given  rise  to  a  confusion  of  terms.  The  county  courts  proper,  in  this  State,  formerly  consisted, 
for  all  purposes,  of  the  entire  body  of  Justices  of  the  Peace  of  the  county;  but  the  sole  power  delegated, 
by  the  present  Constitution,  to  this  body  of  magistracy,  is  that  of  levying  county  taxes  and  making  appro- 
priations for  the  expenses  of  the  county;  and  the  use  of  the  term  "County  Court,"  as  applied  to  it,  is  cer- 
tainly inconvenient  in  practice.  The  old  term  of  "Quorum  of  the  County."  is  suggested  as  sufficiently 
applicable  to  the  session  of  the  whole  body  of  Justices;  and  its  use  would  obviate  the  present  ambiguity  of 
expression. 

12 


44 

30 

44 

30 

3 

61 

44 

30 

44 

30 

3 

61 

49 

31 

1 

22 

31 

28 

28 

2T 

23 

66 

23 

66 

28 

27 

33 

28 

14 

24 

36 

28 

5 

44 

Art. 

Sec. 

Pagi. 

7 

37 

28 

7 

as 

at 

7 

37 

28 

7 

34 

28 

7 

32 

28 

7 

36 

21 

7 

19 

» 

7 

49 

SI 

7 

1 

22 

7 

34 

28 

7 

34 

28 

7 

14 

24 

7 

35 

2S 

Se 

23 

86 

Sc 

23 

m 

7 

36 

28 

13 

5 

44 

7 

34 

25 

7 

37 

28 

exxii  INDEX  TO  CONSTITUTION. 


Court*,  County,  Judges  of.  Compensation  of. 

to  sit  alone,  except  in  cases  otherwise  provided 

Powers  of,  in  absence  of  Circuit  Judge  from  the  county 

to  be  Judges  of  Court  of  Probate,  etc 

GeneralAssembly  may  authorise,    to  hold   quarterly  Court  of 

Common  Pleas 

Special  Judges 

See.  also,  Judnte. 
Covrtt,  Ccfunty,  Clerks  of.  Clerks  of  Circuit  Courts  (except  in  cases  speci- 
fied—see next  entry)  to  be 

Separate  County  Clerks  to  be  chosen,  in  counties  with  popula- 
tion exceeding  fifteen  thousand 

to  sign  all  writs  and  other  judicial  process  of  the  Court 

Courtt,  Probate 

Terms  of 

Original  jurisdiction  of. 

Superintending  control  and  appellate  jurisdiction  of  Circuit 

Courts  over 

Appeals  from,  to  Circuit  Courts 

to  be  regarded  as  continuations  of  Circuit  Courts,  for  probate 

business 

Papers  and  records  9f  probate  business  of  Circuit  Courts  to  be 

transferred  to 

Special  judges  of 

Sebastian  county,  on  conditions  specified,  may  have  two 

See,  also,  Courtt,  Inferior. 

CourUof  Probate,  Judges  of.  Judges  of  County  Courts  to  be 

Compensation  of. 

Special  judges 7  36  28 

See,  also,  Judges. 
Courts  Probate,  Clerks  of.  Clerks  of  Circuit  Courts  (except  in  cases  speci- 
fied— see  next  entry)  to  be 7  19  25 

Separate  County  Clerk,  in  counties  where  elected,  to  be,  ex- 

officio 7  19  25 

to  sign  all  writs  and  other  judicial  process  of  the  court 7  49  31 

Courts  of  Common  Pleas,  General   Assembly   may  authorize  Judge  of 

County  Court  to  hold 7  32  28 

to  be  courts  of  record 7  32  28 

Jurisdiction  of. 7  1,  32  22,  26 

Superintending  control  and  appellate  jurisdiction   of  Circuit 

Courts  over 7  14  24 

Appeals  from,  to  Circuit  Courts 7  33  28 

See,  also.  Courts,  Inferior, 

Courts  of  Common  Pleas,    Judges  of.  Compensation  of 7  37  28 

Se«,  also.  Judges, 
(hurts  of  Common  Pleas,  Clerks  of,  to  sign  all  writs  and  other  judicial 

process  of  the  court 7  49  31 

Courts,  Justices' — see  Justices  of  the  Peace. 

Courts,  Examining,  Jurisdiction  of  Justices  of  the  Peace  as 7  40  29 

Courts,  Corporation,  Jurisdiction  of. 7  1,  43  22,  30 

General  Assembly  may  dispense  with  indictment  in  oflFence  cog- 
nizable by 7  43  se 

Superintending  control  and  appellate  jurisdiction  of  Circuit 

Courts  over 7  14  24 

Bee,  also.  Courts,  Inferior. 
Courts,  Corporation,  Clerks  of,  to  sign  all  writs  and  other  judicial  procegg 

of  the  court 7  49  31 

Courts,  City— see  Courts,  Corporation. 
Courts,  Mayors'— see  Courts,  Corporation. 
Courts,  Municipal— see  Courts,  Corporation. 
Courts,  Police— see  Courts,  Corporation. 
Courts,  Supervisors'— see  Courts,  County. 
Courts,  Town— see  Courts,  Corporation. 
Courts,  J«/erior,  General  superintending  control  of  Supreme  Court  over  7  4  22 

of  jurisdiction  similar  to  that  of  Justices  of  the  Peace,  Action 

of  grand  jury  not  requisite  to  criminal  prosecutions  in 2  8  8 

Courts,  Inferior,  Judges  of,  ineligible  to  seat  in  cither  house  of  General 

Assembly 5  7  11 

S««,  alio,  Judges. 


INDEX  TO  CONSTITUTION. 


Art. 

Sec. 

Page. 

7 

45 

31 

7 

45 

31 

Sc 

23 

66 

7,  Sc 

45.  23 

31.  66 

Courts,  Separate  Oriminal,  abolished 

Jurisdiction  exercised  by,  transferred  to  Circuit  Courts 

Circuit  Courts  to  be  regarded  as  continuations  of 

Papers  and  itcords  of,  to  be  transferred  to  Circuit  Courts 

Actions  in,  not  to  abate  because  of  change  made  in  this  Consti- 
tution  , 

Courts,    Separate    Criminal,  Clerks  of,    to  transfer  records,  books,  and 

papers,  of  their  respective  courts,  to  Circuit  Courts 

See,  also,  Actiong,  Court,  Evidence,  Jury,  Witnesses,  etc.,  etc. 
Credit,  Counties  and  municipal  corporations  not  to  loan,  to  corporations, 

individuals,  etc 

Credit,  public.   Loan  of,  prohibited 

Crime,  Punishment  of,  by  involuntary  servitude 

infamous.  Conviction  of,  after  adoption  of  Constitution,  dis- 
qualifies for  seat  in  General   Assembly,  or  office  of  trust  or 

profit 

Pardons  for,  etc 

Criminal  Cases— see  Prosecution*,  Griminal. 

Oriminal  Charge,  Persons  how  to  be  held  to  answer 

Criminal  Cowduct,  Removal  of  county  and  township  officers  for 

Criminal  Courts— see  Courts,  Criminal. 
Criminal  Prosecutions— see  Prosecutions,  Oriminal. 
Cruelty  in  punishments,  prohibited , 


D. 


12 

5 

41 

16 

1 

46 

2 

27 

6 

6 

9 

11 

6 

18 

20 

2 

S 

3 

7 

27 

27 

Damage  of  private  property  for  public  use 

to  personal  property.  Jurisdiction  of  Justices  of  the  Peace  in 

matters  of. 

Damages  to  persons  and  property.  Railroads  to  be  responsible  for 

DeaJ  and  Dumb,  General  Assembly  to  provide  for  suppoxt  of  institutions 

for  education  of. 

Death,  Survivors'  right  of  action  for  injuries  resulting  in 

of  Governor,  Office  how  filled  in  case  of 

of  President  of  Senate,  during  vacancy  in  office  of  Governor, 

Governorship  how  filled  in  cas«  of , 

of  members  of  State  Board  of  Supervisors  of  Election  under 

Schedule 

Debate,  freedom  of.  Privilege  of,  in  General  Assembly 

Debt,  Imprisonment  for,  unless  in  cases  of  fraud,  prohibited 

seizure  for.  Exemption  of  property  from 

of  private  corporations.  Restrictions  upon  creation  and  increase 

of. 

'  See,  also.  Debts. 
Debt,  Collection  of— see  Exemption. 

Debts  ©f  husband.  Wife's  separate  property  not  subject  to 

contracted  since  adoption  of  Constitution  of  1868,  and  prior  to 
that  of  1874,  Exemptions  contained  in  Constitution  of  1868  to 

apply  to 

Debt,  Public: 

1.  0/  the  State: 

General  Assembly,  from  time  to  time,  to  provide  for  the  pay- 
ment of  all  jiist  and  legal  debts  of  the  State IC  2  46 

Levy  of  State  tax,  and  appropriation  of  money,  to  raise  means 
for  the  payment  of  the  just  debts  of  the  State,  constitute  ex- 
ceptions to  the  rule  requiring,  for  such  purposes,  a  majority 
of  two-thirds  of  both  houses  of  the  General  Assembly 5  31  15 

State  never  to  loan  its  credit  for  any  purpose  whatever 1*  1  4« 

State  never  to  issue  any  interest-bearing  treasury  warrants  or 
scrip 1«  1  4« 

State  never  to  assume  or  pay  the  debt  or  liability  of  any  county, 
town,  city,  or  other  corporation  whatever,  or  any  part  thereof; 
unless  such  debt  or  liability  shall  have  been  created  to  repel 
invasion,  suppress  insurrection,  or  to  provide  for  the  public 
welfare  and  defence Ij  jj  ^ 

2,  0/  Counties  and  Municipalities. 

debt  of  ceunties,  existing^at  date  of  ratification  of  Constitution, 

Counties  may  levy  tax  of  one-half  of  one  per  cent.  for... 1«  9  4T 

outstanding,  of  municipal  corporations.  Additional  tax  of  fir* 

mills  may  b«  l«vi«d  for II  4  41 


T 

40 

28 

17 

12 

50 

19 

19 

68 

5 

32 

15 

6  12, 

13.  14 

18 

6 

13 

18 

S« 

7 

62 

5 

15 

12 

2 

16 

5 

9 

37 

12 

3 

42 

9 

7 

30 

9 

9 

9 

INDEX  TO  CONSTITUTION. 


2 

29 

2 

29 

19 

S 

2 

5 

12 

12 

2 

23 

Deht,  Public,  of  Counties  and  Munieipalitiea  (continued:) 

Issue  of  bonds  may  be  authoriied  by  law,  to  provide  for  and  so- 
cnre  payment  of  indebtedness  of  counties  and  municipalities, 

existing  at  adoption  of  Constitution 16  l 

of  corporations,  Assumption  of,  by  the  State 12  12 

No  city,  county,  town,  or  other  municipality,  ever  to  loan  its 

credit  for  any  purpose  whatever 14  l 

No  county,  city,  town,  or  other  municipal  corporation,  to  obtain 
or  appropriate  money  for,  or  loan  its  credit  to,  any  corporation, 

association,  institution,  or  individual 12  5 

No  county  or  municipality  to  issue  (with  exceptions  stated)  in- 
terest-bearing evidences  of. 16  1 

Decisions  of  Supreme  Court,  Concurrence  of  two  Judges  necessary  to 7  2 

of  Supreme  Court,  After  increase  of  number  of  Judges,  majority 

to  be  necessary  to 7  3 

Deceased  persons,  estates  of.  Courts  of  Probate  to  have  exclusive  original 
jurisdiction,  as  may  be  prescribed  by  law,  in  matters  rela- 
tive to 7  34 

Declaration  of  Rights 2 

Everything  contained  in,  excepted  out  of  the  general  powers  of 

the  government,  and  forever  to  remain  inviolate 2  29 

Enumeration,  in,  of  rights,  not  to  be  construed  to  deny  or  dis- 
parage others  retained  by  the  people 

All  laws  contrary  to  provisions  of,  to  be  void 

Decrees  of  courts— see  Judgments. 
Deductions  from  salaries  of  public  officers.  General  Assembly  to  regu- 
late  

D^ence,  common.  Right  of  citizens  to  keep  and  bear  arms  for  the 

Defence,  public.  State  may  contract  debts  to  provide  for 

Delegation  of  State's  taxing  power 

Denomination,  religious.  No   preference  ever  to   be  given,    by  law,    to 

any 2  24  6 

religious.  Each,  to  be  protected  in  peaceable  enjoyment  of  its 

own  mode  of  public  worship 2  25  6 

Department,  Executive 6  . .  16 

Legislative 5  . .  10 

Judicial 7  . .  22 

Department,  of  Mining,   Manufacturing,  and  Agriculture— se*  Bureau. 

Departments 4  . .  9 

Powers  of  State  government  divided  into  three  distinct,  viz: 

legislative.executive,  and  judicial 4  1* 

respective,  of  State  government.  No  person  or  persons  belong- 
ing to,  to  exercise  any  power  belonging  to  another,  except  as 

prescribed  in  Constitution,  after  Art.  IV 4  2  9 

of  government.  Right   of  petition  to,  by  address  or   remon- 
strance   2  4  3 

of  government.  Contracts  for  furnishing  stationery,  printing, 

paper,  and  fuel,  for  use  of. 19  18  Sf 

Department  Reports,  Printing,  binding,  and  distributing  of,  to  be  per- 
formed under  contract,  to  be  given  to  lowest  responsible  bid- 
der, below  maximum  price,  under  regulations  to  be  prescribed 

by  law 1»  16  VI 

Deputies  of  collectors  or  holders  of  public  money.  Condition  of  eligibility 

of.  to  General  Assembly,  or  office  of  trust  or  profit 5  8  11 

Descent  of  property.  Distinctions   of   law,  between  resident  aliens  and 

citizens,  in  matter  of,  forever    prohibited  

Detention,  Unreasonable,  of  witnesses,  prohibited 

Digesting  of  the  laws  of  the  State 

Diminution  of  obligations  or  liabilities,  of  corporations,  held  or  owned 

by  Stat43,  prohibited S  33  16 

Directors— see  Corporations,  and  Railroad  Companies,  Canal  Compa- 
nies, and  Turnpike  Companies,  under  items  relative  to  their 
officers. 

Disabilities  for  exercise  of  elective   franchise 8        5,  6,  7  • 

Disability  of  Governor,  Office  how  filled  in  case  of 6    12, 13,  14  18 

of  President  of  Senate  during  vacancy  in  office  of  Governor, 

Governorship  how  filled  in  case  of. 6  IS  18 

Disagremnent  between  the  two  houses  of  General  Assembly  with  respect 

to  time  of  adjournment 6  20  21 

Disapproval,  by  Governor,  of  bills 6  15  19 

of  bills  return  of  which  has  been  prevented  by  adjournment  of 
General  Assembly,  bow  recorded  and  published 6  J6  19 


2 

20 

5 

2 

9 

4 

9 

17 

J8 

INDEX  TO  CONSTITUTION. 


RT. 
6 

Skc. 
17 

Page. 
20 

6 

16 

20 

5 

29 

15 

16 

12 

48 

19 

12 

5T 

7 
12 
17 

28 

12 

1.3.5.6.10 

27 

43 

48.  49.W 

3 

6 

S 

3 

10 

9 

5 

7 

11 

5 

9 

11 

5 

10 

11 

5 

12 

12 

J>t»apj>rot>ai  by  Governor,  of  items  of  appropriation  bills 

by  Governor,  of  joint  and  concurrent  orders  and  resolutions. 

Proceedings  in  case  of 

Disbursements  from  the  treasury  to  be  made  only  in  pursuance  of  specific 

appropriation,  by  law,  made  in  manner  specified 

from  treasury,  to  be  only  in  accordance  with  appropriations 

by  law 

of  public  moneys.  Publication  of  receipts  and  expendi- 
tures of. 

of  money  for  county  purposes.  County  courts*  to  have  exclusive 

original  jurisdiction  in  all  matters  relating  to 

Discharge  of  indebtedness  of  corporations  to  the  State,  Conditions  of. 

Discrimination  in  charges  for  transportation,  prohibited 

Disqualification  for  office  of  trust  or  profit,  for  willful  and  corrupt  viola- 
tion of  election  laws 

of  officers  of  election,  for  any  civil  office  (with  exceptions  stated) 

to  be  filled  at  an  election  at  which  they  may  serve 

for  membership  of  either  house  of  General  Assembly,  by  reason 

of  holding  office 

of  collectors  or  holders  of  public  money,  for  membership  of 
General  Assembly,  or   office  of  trust  or  profit,  until  account 

and  payment  of  all  sums  for  which  liable 

for  seat  in  General  Assembly,  or  office  of  trustor  profit,  by  rea- 
son of  conviction,  after  adoption  of  Constitution,  of  infamous 

crime 

of  Senators  and  Representatives,  during  term  for  which  elected. 

for  any  civil  office  under  the  State 

for  membership  of  General  Assembly,  of  member  expelled  for 

corruption 

for  office  of  Governor,  of  person  holding  office  under  authority 
of  State  of  Arkansas,  or  U.  S.,  except  as  by  the  Constitution 

provided 

of  Treasurer,  Secretary,  and  Auditor,  of  State,  and  Attorney 
General,  for  holding  any  other  office.  State.  U.  S.,  or  other- 
wise, at  one  and  the  same  time 

of  Judges   of  the    Supreme   Court,  from   presiding   at   trial. 

Case  of 

of  Judges  of  Supreme  Court,  to  hold  other  office 

of  Judges  of  Circuit  Courts,  to  hold  other  office 

of  Judges  of  Circuit  Courts,  from  presiding.  Case  of. 

of  Judges  and  Justices  of  the  Peace  from  presiding  at  trial 

of  Judges  of  County  and  Probate  Courts  from  presiding  at  trial. 

Case  of. 

for  office,  a  punishment  in  eases  of  impeachment 

for  office,  of  officers  of  State,  and  members  and  officers  of  Gen- 
eral Assembly,  for  misuse  of  public  moneys 

of  atheists  to  hold  civil  office  or  testify  as  witnesses 

for  office,   of  duellists  and  their  abettors 

for  office,  of  persons  not  possessing  qualifications  of  an  elec- 
tor  

of  electors 

Disorderly  behavior  in  presence   of  either  house  of  General   Assembly, 

Power  to  punish 

in  presence  of  either  house  of  General  Assembly,  Punishment 

for,  not  a  bar  to  indictment  for  same  offence 

Disseizure  of  estate,  freehold,  liberties,  or  privileges,  except  by  judgment 

of  peers  or  law  of  the  land,  prohibited 

Distinctions  of  law,  between  resident  aliens  and    citizens,  in    matter  of 

property,  forever  prohibited 

District  officers  to  reside  within  their  respective  districts 

Place  of  office  of.  to  be  such  as  may  be  designated  by  law 

Districts,  judicial,  Sebastian  county  may  have  two 

See.  also.  Circuits,  Judicial. 

Districts,  Senatorial,  Division  of  State  into,  by  legislature,  prescribed 

to  consist  of  contiguous  territory 

No  county  to  be  divided  in  formation  of. 

Division  of  State  into,  to  be  made  only  at  first  regular  session 

after  each  census 

[For  Table  showing  apportionment  of  counties  to  Senatorial  Districts,  as 
prescribed  until  otherioise  provided  by  General  Assembly,  see  at 
close  of  Index,] 


7 

9 

2S 

7 

10 

24 

7 

18 

26 

7 

21 

25 

7 

20 

2i 

7 

36 

28 

15 

1 

4i 

16 

3 

46 

19 

1 

55 

19 

2 

56 

19 

3 

5S 

3 

5,6,  7 

S 

5 

12 

11 

5 

12 

12 

2 

21 

b 

2 

20 

5 

19 

4 

56 

19 

4 

56 

13 

5 

44 

8 

2 

36 

8 

3 

8 

3 

37 

8 

4 

» 

INDEX  TO  CONSTITUTION. 


DittrictB,  School— see  School-districts. 

Distribution  of  laws,  journals,  and  department  reports,  and  other  printing, 
to  be  performed  under  contract  to  be  given  to  lowest  respon- 
sible bidder,  below  maximum  price,  as  shall  be  prescribed 
by  law 

Divorces  not  to  be  granted  by  special  law 

Documents,  Official,  to  be  turned  over  to  officers  chosan  at  first  elec- 
tion  

Domain.  Eminent,  State's  ancient  right  of,  fully  and  expressly  con- 
ceded  A 

State's  right  of,  over  property  and  franchises  of  incorporated 
companies 

Dram-shops,  to  be  closed  on  day  of  election  under  Schedule 

Drinking -houses  to  be  closed  on  day  of  election  under  Schedule 

Drawback  upon  charges  for  railroad  or  canal  transportation 

Due  process  of  law,  Right  to 

Duelling 

2>atie«— see  under  head  of  each  officer,  and,  in  reference  to  Qeneral  As- 
sembly, under  sub-head  of  Duties,  Obligatory. 


E. 


19 

15 

5 

24 

Be 

21 

2 

23 

17 

9 

Sc 

15 

So 

15 

17 

6 

2 

8 

19 

2 

Education : 14 

See,  also.  Schools,  and  University- 
Educational    Corporations 12  2 

Effects,    security    of,    against     unreasonable    searches    and     seizures, 

Hight  to 2  15 

ELECTIONS 3 

1.  Freedom  of  elections,  and  of  exercise  of  privilege  op  suffrage  : 

J5^fection«  to  be  free  and  equal 3  3 

No  power,  civil  or  military,  ever  to  interfere  to  prevent  the  free 
exercise  of  the  right  of  suffrage.. 3  2 

No  law  to  be  enacted  whereby  the  right  to  vote  at  any,  shall  be 
impaired  or  forfeited,  except  for  the  commission  of  a  felony  at 
common  law,  upon  lawful  conviction  thereof. 3  3 

No  religious  test  to  be  required  of  any  person  as  a  qualification 
to  vote 2  2£ 

No  law  to  be  enacted  whereby  the  right  to  vote  at  any,  shall  be 
made  to  depend  upon  any  previous  registration  of  the  elec- 
tor's name 3  2 

2.  Qualifications  of  voters  ; 

General  rule  of  qualifications  of  voters 3  l 

Exceptions  to  general  rule  of  qualifications  of  voters 3  2,  5,  7 

Idiots  and  insane  persons  not  entitled  to  privileges  of  electors..  2  i 

No  soldier,  sailor,  or  marine,  in  the  military  or  naval  service  of 
U.  S.,  to  acquire  a  residence  by  reason  of  being  stationed  on 

duty  in  this  State 3  7 

Right  of  sufi"rage  may,  by  operation  of  statutes,  be  forfeited  for 
the  commission  of  a  felony  at  common  law 3  2 

3.  Conduct  of  elections,  etc.  : 

Elections,  All.  by  the  people,  to  be  by  ballot 3  3 

Ballots  to  be  numbered  in  the  order  in  which  received i  3 

Numbers  of  ballots  to  be  recorded,  by  the  election  officers,  on 
the  list  of  voters,  opposite  the  name  of  the  elector  who  pre- 
sents the  ballot 3  3 

Officers  of,  to  be  sworn  or  affirmed  not  to  disclose  how  any  elec- 
tor shall  have  voted,  unless  required  to  do  so  as  witness  in  a 

judicial  proceeding,  or  a  proceeding  to  contest  an  election 3  '    3 

[See,  further,  on  this  latter  head,  under  Elections,  Contested, 
below,] 

officers  of.  Classes  disqualified  from  serving  as 3  10 

Officers  of,  ineligible  to  any  civil  office  to  be.filled  at  an  election  at 
which  they  shall  serve— save  only  to  such  subordinate  munici- 
pal or  local  offices,  below  the  grade  of  city  or  county  officers, 

as  shall  be  designated  by  general  law 3  !• 

Persons  convicted  of  fraud,  bribery,  or  other  willful  and  cor- 
rupt violation  of  any  election  law  of  this  State,  to  be  adjudged 
guilty  of  a  felony,  and  disqualified  from  holding  any  office  of 
trust  or  profit  in  this  Stat« 3  S 


INDEX  TO  CONSTITUTION.  cxxvii 

Art.  Sbc.         Pahe. 

Electors  (except  in  cases  of  treason,  felony,  and  breach  of  the 
peace)  to  be  privileged  from  arrest  during  attendance  at,  and 

going  to  and  from S  4  S 

Beturns  of,  for  officers  who  are  to  be  commissioned  by  the  Gov- 
ernor, and  for  members  of  the  General  Assembly,  except  as 
otherwise  provided  by  the  Constitution,  to  be  made  to  Secre- 
tary of  State 19  1«  « 

For  conduct  ot  election,  disposition  of  returns,  etc,  at  first 
election  for  officers,  and  upon  question  of  ratification  of 
Constitution,  see  Election  under  Schedule,  below. 
Elettionlaws  of  the  State,  Willful  and  corrupt  violation  of,  to  consti- 
tute felony,  and  disqualify  for  offices  of  trust  or  profit %  %  i 

.  Specific  elections  : 
a.  General:  , 

Elections,  General,  to  beheld  biennially,  on  first  Monday  of  Septem- 

b^ »  8  S 

general.  General  Assembly  may,  by  law,  fix  a  diflferent  time  for, 

from  that  prescribed  in  the  Constitution J  S  8 

for  Governor,  Secretary  of  State,  Treasurer  of  State,  Auditor 

of  State,  and  Attorney  General 6  S  16 

for  members  of  House  of  Representatives,  to  be  biennially  held, 

by  the  qualified  electors  of  the  several  counties 5  2  10 

for  State  Senators,  to  be  quadrennially  held,  by  the  qualified 

electors  of  the  several  districts S  S  18 

for  State  Senators,  Date  of,  in  each  district,  determined  by  lot 
cast  at  first  session  of  Senate  after  adoption  of  Constitution, 
dividing  the  Senators  then  in  office  into  two  classes,  holding 
place  for  two  and  four  years,  respectively— all,  thereafter,  to 

be  elected  for  four  years 5  »  19 

Each  house  of  General  Assembly  to  be  sole  jifdge  of  the  elec- 
tions, qualifications,  and  returns,  of  its  own  members S  11  11 

of  Judges  of  Supreme  Court 7  6  8S 

of  Chief  Justice  of  Supreme  Court,  to  be  as  such 7  J  22 

of  Judges  of  Circuit  Courts 7  13, 17  24, 25 

of  Judges  of  County  Courts 7  29  27 

of  Judge  of  Pulaski  Chancery  Court 7  44  30 

of  Clerk  of  Pulaski  Chancery  Court 7  44  30 

of  Prosecuting  Attorneys 7  24  26 

of  Circuit  Clerks 7  19  25 

of  County  officers 7  46  SI 

of  Justices  of  the  Peace 7  38,39  29 

of  Constables 7  47  31 

6.  Special  popxdar  elections,  to  fiU  vacancies : 
Elections  to  fill  vacancy  in  office  of  Governor,  not  happening  within 
twelve  months  next  before  expiration  of  Govsrnor's  term  of 

office «  14  18 

to  fill  vacancy  in  office  of  Governor.  Returns  of 8  14  18 

All  vacancies  in  any  office  provided  for  in  Art.  VII  [t.  c, 
judicial  officers,  officers  of  courts,  and  •ounty  and  township 
officers]  to  be  filled  by  special  election  ;  save  that  in  case  of 
vacancies  occurring  in  county  and  township  offices  six 
months,  and  in  other  offices  nine  months,  before  the  next 
general  election,  such  vacancies  shall  be  filled  by  appoint- 
ment by  the  Governor 7  58  11 

to  fill  vacancies  in  either  house  of  the  General  Assembly,  Gov- 
ernor to  issue  writs  for 5  8  18 

«.  For  Special  Judges  : 

£iectton»of  Special  Judges  of  Circuit  Courts 7  21  25 

of  special  presiding  officer  of  Quorum  of  the  County,  in  case  of 
absence  of  County  Judge 7  30  27 

d.  In  the  tico  houses  of  General  Assembly: 
Elections  hy  peTsons  acting  in  a  representative  capacity,  to  be  viva 

voce S  12  f 

of  officers,  civil  or  military,  by  joint  or  concurrent  vote  of  both 
houses,  or  by  the  separate  vote  of  either  house,  of  General  As- 
sembly, Vote  upon,  to  be  taken  viva  voce,  and  entered  on  the 

journals 5  14  12 

of  President  of  Senate  and  Speaker  of  House  of  Representa- 
tives   5  18  15 


INDEX  TO  CONSTITUTION. 


«.  Mitcellaneotis : 
Election  of  oflBcers  of  militia,   Privilege  of  volunteers  and  militia 

from  arrest  during  attend  ince  at,  etc 11  S 

on  question  of  adoption  of  amendments  to  Constitution 19  22  59 

First  general,  after  ratification  of  Constitution,  when  to  be 

held Sc  26  67 

But  for  the  two  latter  cases,  see,   further,    Election  under 
Schedule,  below. 
5.  Contested  elections  : 

Elections,  Contested,  for  Governor,  Secretary  of  State,  Treasurer  of 
State,  Auditor  of  State,  and  Attorney  General,  to  be  deter- 
mined by  the  members  of  both  houses  of  the  General  Assem- 
bly, in  joint  session  ;  who  shall  have  exclusive  jurisdiction  in 
trying  and  determining  the  same,  except  as  thereafter  in  the 
Constitution  provided  in  the  case  of  special  elections  [see, 
below.  Elections,  Contested,  for  Governor,  in  case  of  special  elec- 
tion to  fill  vacancy] 6  4  17 

for  Governor,  Secretary  of  State,  Treasurer  of  State,  Auditor  of 
State,  and  Attorney  General  [except  in  case  of  special  elec- 
tions to  fill  vacancy  in  office  of  Governor,  for  which  see  belo  w ], 
to  be  tried  and  determined  at  the  first  session  of  the  General 
Assembly  after  the  election  in  which  the  contest  shall  have 
arisen „  6  4  17 

for  Governor,  in  case  of  special  election  to  fill  vacancy,  to  be 
decided  as  may  be  provided  by  law 6  14  19 

Each  house  of  General  Assembly  to  be  sole  judge  of  the  qualifi- 
cations, returns,  and  elections,  of  its  own  members i  11  11 

for  county,  township,  or  municipal  offices,  In  case  of,  an  ap- 
peal to  lie,  at  the  instance  of  the  party  aggrieved,  from  any 
inferior  board,  council,  or  tribunal,  to  the  Circuit  Court,  on 
the  same  terms  and  conditions  on  Which  appeals  may  be 
granted  to  the  Circuit  Court  in  other  cases — the  case,  on  such 
appeals,  to  be  tried  de  novo 7  62  32 

General  Assembly  to  provide,  by  law,  the  mode  of  contesting 
elections  in  cases  not  specifically  provided  for  in  Constitution..  19  24  60 

Election  officers,  when  witnesses  in  proceedings  in,  or  in  judicial 
proceedings,  may  be  required  to  disclose  how  an  elector  shall 
have  voted 3  S  8 

In  trials  of,  and  in  proceedings  for  the  investigation  of  elec- 
tions, no  person  to  be  permitted  to  withhold  testimony  on 
ground  of  self-crimination,  or  subjection  to  public  infamy 3  9  8 

Testimony  given  in,  and  in  proceedings  for  the  investigation  of 
elections,  not  to  be  used  against  witness,  in  any  judicial  pro- 
ing,  except  for  perjury  in  giving  such  testimony 3  9  8 

Vote  or  ballot  of  qualified  elector,  being  unlawfully  refused,  not 
counted,  or  not  returned,  to  be,  nevertheless,  counted  upon 

trial  of. 3  11  9 

Blkction  under  Schedule:  '_ 

when  to  be  held 

Constitution  to  be  submitted  to  people,  for  ratification,  at 

Officers  to  be  chosen  at 

Publication  of  notice  of. 

Governor  to  issue  proclamation  enjoining  preservation  of  good 
order,  etc.,  on  day  of. 

State  Board  of  Supervisors  of. 

County  Boards  of  Election  Supervisors  of. 

See  below. 

Copies  of  Constitution  to  be  distributed  by  officers  of. 

Judges  of  election  at 

Election  clerks  at 

State  Board  of  Supervisors  of  Election  to  provide  form  of  poll- 
books   for 

County  Boards  to  supply  poll-books  and  ballot-boxes,  at  ex- 
pense of  county 

Qualifications  of  voters  at 

Elector  at,  not  to  vote  outside  of  township  or  ward  of  residence.. 

Conductor 

Dram-shops  and  drinking-houses,  to  be  closed  on  day  of 

Sale  or  gift  of  intoxicating  liquors  during  day  and  night  of,  pro- 
hibited  

Hours  cf  holding 


So 

3 

61 

Sc 

3 

61 

Se 

3 

61 

Sc 

i 

61 

Sc 

6 

62 

Sc 

7 

62 

Sc 

8 

6£ 

Sc 

10 

62 

Sc 

11 

63 

Sc 

11 

68 

Sc 

9 

62 

Sc 

9 

62 

Sc 

4,14 

61,68 

So 

14 

63 

Sc 

12,  14, 16 

63.64 

Sc 

15 

63 

»c 

15 

SS 

So 

16 

64 

INDEX  TO  CONSTITUTION. 


Elkction  Under  Schedule  (continued. ) 

Registration  of  voters  at , 

Judges  to  pass  upon  qualifications  of  voters  at 

Style  of  tickets 

Deposit  of  tickets 

Disposition  of  ballots,  poll-books,  and  abstracts  of  votes 

Counting  of  ballots ". 

Returns  of,  to  be  forwarded  t«  County  Beards  of  Election  Su- 
pervisors  

Abstract  of  county  returns,  etc.,  to  be  forwarded,  by  County 

Boards,  to  State  Board  of  Supervisors 

Abstra^ct  of  votes  cast  at,  for  State  oflBcers,  to  be  certified  and 

delivered  to  Speaker  of  House  of  Representatives 

Result  of  vote  at,  for  State  officers,  to  be  determined  and  an- 
nounced by  Speaker  ef  House  of  Representatives 

OfBcers  chosen  at,  to  be  commissioned  by  Governor 

Officers  of  Executive  Dspartment  chosen  at,  when  to  enter  upon 

discharge   of  duties 

Officers,  other  than  of  Executive  Department  of  State,  chosen 

at,  when  to  enter  upon  discharge  of  duties 

ElectioB,  atj  of  Senators  and  Representatives 

Returns,  and    certificates,  of  election  of  Representatives  and 

Senators  chosen  at 

List  of  members  of  General  Assembly  elected  at,  to  be  certified, 

and  laid  before  each  house  of  General  Assembly 

Abstract'of  votes  at,  to  be  filed  in  office  of  Secretary  of  State 

'•'  Ascertainment  and  publication  of  result  of,  upon  question  of 

ratification  of  Constitution 

Penalty  of  malfeasance  of  officers  of 

Penalty  of  bribery  at 

Appropriation  ($5,000)  to  defray  expenses  of. 

Election  under  Schedule,  State  Board  of  Supervisors  of,   constituted 

Members 

Oath  of  office 

Quorum ^ 

Vacancies  in 

to  give  public  notice  of  the  election 

to  appoint  County  Boards  of  Election  Suparvisors 

to  fill  vacancies  in  County  Boards  of  Election  Supervisors 

to  furnish  and  forward  to  County  Boards,  copies  of  Constitution, 

for  distribution 

to  provide  form  of  poll-books 

Returns,  etc,,  of  election,  to  be  forwarded  to 

Duties  of,  after  close  of  election 

to  ascertain,  state,  and  publish,  result  of  vote  for  and  against 

Constitution 

*  Publication  by,  of  ratification  of  Constitution  by  the  psople,  to 

fix  date  of  Constitution  taking  effect 

to  certify  expenses  of  the  election 

Election  under  Sehedtile,  County  Boards  of  Supervisors  of.  Appointment 

of 

Qualifications 

Oath  of  office 

Quorum 

Vacancies 

to  give  public  notice,  in  their  respective,  counties,  of  the  elec- 
tion  

to  be  furnished  with  copies  of  Constitution,  for  distribution 

to  appoint  Judges  of  Election  in  their  respective  counties 

to  furnish  Judges  of  Election  with  poll-books  and  ballot-boxes, 

at  expense  of  county 

Returns  of  the  election  to  be  made  to 

Duties  of,  after  close  of  election 

to  furnish  certificates  of  election  to  Representatives  chosen 

Duty  of,  respecting  returns  and  certificates  of  election  of  Sena- 
tors  

Election  under  Schedule,  Judges  of.  Appointment    of. 

to  be  furnished  with  poll-books  and  ballot-boxes 


Sec. 


Page, 


Sc 

12 

63 

Sc 

12 

63 

Sc 

13 

63 

Sc 

14 

63 

Sc 

16 

64 

Sc 

16 

64 

Sc 

16 

64 

So 

16 

64 

Sc 

17 

64 

So 

17 

64 

Sc 

18 

65 

Sc 

17 

65 

Sc 

20 

65 

Sc 

19 

65 

Sc 

19 

66 

Sc 

17 

64 

Sc 

17 

64 

Sc 

17 

64 

Sc 

25 

67 

Sc 

25 

67 

Se 

27 

67 

Sc 

7 

62 

Sc 

7 

62 

Sc 

7 

62 

Sc 

7 

62 

Sc 

7 

62 

Sc 

5 

61 

Sc 

8 

62 

Sc 

8 

62 

Sc 

10 

62 

Sc 

9 

62 

Sc 

16 

64 

Sc 

17 

64 

Sc 

17 

64 

Sc 

17 

64 

Sc 

27 

67 

Sc 

8 

62 

Sc 

8 

62 

Sc 

8 

62 

Sc 

8 

62 

So 

8 

62 

Sc 

5 

61 

So 

10 

62 

Sc 

11 

63 

Sc 

9 

62 

Sc 

16 

64 

Sc 

16 

64 

Sc 

19 

65 

Sc 

19 

65 

Sc 

11 

63 

Se 

9 

62 

12 


p.  XXIU. 


INDEX  TO  CONSTITUTION. 


Elbction.Undke  Schedule  (continued.) 

to  be  furnished  with  copies  of  Constitution,  for  distribution 

Case  of  failure  of,  to  act 

to  pass  on  qualifications  of  voters  at  the  election 

to  number  the  ballots « 

to  deposit  tickets  in  ballot-box 

Duties  of,  after  close  of  election , 

Penalty  of  malfeasance  of. 

Election  under  Schedule,  Clerks  of.  Appointment  of. 

Qualifications 

Oath  of  office 

to  register  names  of  voters  at 

Penalty  of  malfeasance  of. „ 

Election  laws  of  the  State,  Willful  and  corrupt  violation  of,  to  constitute 

felony,  and  disqualify  for  offices  of  trust  or  profit 

Elective  Franchise 

Eligibility— tee  Qualifications,  and  Disqualifications. 
Emiezzlement  of  public  money.  Conviction  of,  after  adoption  of  Constitu- 
tion, disqualifies  for  seat  in  General  Assembly,  or  office  of 

trust  or  profit 

Eminent  domain.  State's  right  of,  fully  and  expressly  conceded 

Exercise  of  right  of,  over  property  and  franchises  of  incorpora- 
ted companies 

JBmployment  (governmental)  disqualifying  holder  for  service  as  officer  of 

election 

Mnployes  [of  the  State],  Extra  compensation  to,  after  the  service  shall 
have  been  rendered,  or  contract  made,  prohibited,  unless  al- 
lowed by  bill  passed  by  two-thirds  of  members  elected  to  each 

branch  of  General  Assembly 

General  Assembly  to  fix  salaries  and  fees  of. 

Salaries  and  fees  of,  not  to  be  paid  at  other  than  par  value 

of  departments  of  State,  Number  and  salary  of,  to  be  fixed  by 

law 

Emolwmertts,  Hereditary,  forever  prohibited 

Enacting  clause  of  acts  of  General  Assembly 

Encroachments  on  rights  of  the  people.  Provision  of  safeguard  against.... 
JS^emie*  of  the  State,  Adherence,    aid,  or  comfort, to,  to  constitute  trea- 
son  

Equality,  Natural,  of  all  men 

of  all  persons,  before  the  law,  recognized,  and  ever  to  remain 

inviolate 

of  privileges  and  immunities 

of  elections 

of  right  to  transportation,  etc.,  on  railroads,  etc 

Enumeration  of  inhabitants— See  Census. 

Equity,  Jurisdiction  of  Circuit  Courts  in  matters  of. 

Establishment  of  Courts  of  Chancery 

Jurisdiction,  etc.,  of  Pulaski  Chancery  Court ^.•.. 

Mrrcn-,  Supreme  Court  may  issue  writs  of,  in  aid  of  its  appellate  and  su- 
pervisory jurisdiction 

Establishment,  religious,  No  preference  ever  to  be  given,  by  law,  to   any 

Estate,  forfeiture  of.  No  conviction  to  work 

Disseizure  of,  except  by  judgment  of  peers  or  law  of  the  land, 

prohibited 

^<a^es  of  deceased  persons.  Courts  of  Probate  to  have  exclusive  original 
jurisdiction,  as  maybe  prescribed  by  law, in  matters  relative  to 
of  persons  of  unsound  mind.  Courts  of  Probate  to  have   exclu- 
sive  original  jurisdiction,  as  may  be  prescribed  by   law,    in 

matters  relative  to 

Evidence  in  criminal  prosecutions  for  libel 

requisite  to  conviction  of  treason 

in  trials  of  contested  elections, and  in  proceedings  for  investiga- 
tion of  elections.  Rules  of,  respecting  secrecy  of  ballot,  self- 
crimination,  etc 

of  publication  of  notice  of  intention  to  apply  for  local  or  spe- 
cial bill,  to  be  exhibited  in  General  Assembly.before  passage  of 

act 

of  atheists,  not  receivable  in  court 

of  parties  in  civil  actions ,. 

of  executors,  administrators,  and  guardians,  in  actions  by  or 
against  them 


Se 

11 

So 

12 

Sc 

14 

Sc 

u 

Sc 

16 

Sc 

25 

Sc 

11 

Sc 

11 

Sc 

n 

Sc 

12 

Sc 

25 

3 

6 

3 

17 

9 

50 

S 

10 

8 

5 

27 

14 

16 

4 

46 

16 

4 

46 

16 

4 

46 

2 

19 

5 

5 

19 

13 

2 

29 

7 

2 

14 

4 

2 

9 

2 

2 

i 

2 

2 

18 

5 

3 

2 

7 

17 

1,3,5,  6, 10 

48,  49  ,50 

7 

15 

24 

7 

15 

24 

7 

44 

30 

7 

4 

22 

2 

24 

6 

2 

17 

5 

2 

21 

5 

7 

34 

28 

7 

34 

28 

2 

6 

3 

2 

14 

5 

INDEX  TO  CONSTITUTION. 


RT. 

Sec. 

Page. 

7 

40 

29 

5 

33 

15 

7 

22 

26 

6 

4 

17 

17 

3 

49 

9 

37 

6 

7 

18 

11 

4 

40 

6 

16 

4 

1 

9 

5 

30 

15 

6 

1- 

16 

6 

1 

16 

6 

1 

16 

6 

3 

16 

6 

3 

17 

6 

4 

17 

6 

3 

17 

Examining  courts.  Jurisdiction  of  Justices  of  the  Peace  as 

Excliange  of  obligations  or  liabilities  of  corporations,  held  or  owned  by 

State,  prohibited 

Exchange  of  Circuit*  by  Judges  of  Circuit  Courts 

Exclusive  jurisdiction  (with  exception  stated)  of  tw©  houses  of  Gen- 
eral Assembly,  in  joint  session,  in  Cases  of  contested  elec- 
tions for  oflScere  of  Executive  Department 

For  exclusive  jurisdiction  on  the  part  of  the  several  courts, 
see  under  the  proper  headimgs. 

Excursion  tickets  upon  railroads 

Execution  for  debt.  Property  exempt  from 

Execution  of  the  Imvs,  Governor  to  see  to 

Power  of  Governor  to  call  out  volunteers  or  militia  for 

Executive  Department 

Executive  powers  of  the  State  Government  confided  to  a  sepa- 
rate body  of  magistracy 

Ordinary  expenses  of,  to  be  provided  for  in  general  appropria- 
tion bill 

Officers  of. 

Officers  of,  to  keep  their  offices,  in  person, at  seat  of  government 

Term  of  officers  of. ." 

Officers  of,    how  chosen 

Officers  of,  how  chosen  in  case  of  tie 

Contested  elections  for  officers  of. 

Returns  of  elections  f«r  officers  of. 

Governor  may  require  information,  in  writing,  from  officers  of, 

on  subjects  relating  to  duties  of  their  offices 6  7  17 

See,  also,  the  headings  immediately  below,  as  well  as  under 
head,  of  each  officer  of  the  Department. 
Executive  officer.  Offer  to,  or  acceptance  by.  of  consideration,  to  influence 

his  official  action,  constitutes  felony 5  35  16 

Executive  officers,  Oa,th  of  o&ce  of. 19  20  58 

Executive  offices.  Officers  of  militia  and  of  public  schools,    and   Notaries , 

eligible  to 19  26  60 

Executive  power.  Supreme,  vested  in  Chief  Magistrate,  styled  Governor, 

etc 6  2  16 

Executive power-i  of  State  government  confided  to  separate  body  of  magis- 
tracy   4  19 

Executive  sessions  of  Senate 5  13  12 

Executors,  Courts  of  Probate  to  have  exclusive  original  jurisdiction,  as 

may  be  prescribed  by  law,  in  matters  relative  to..- 7  34  28 

Homesteads  subject  to  seizure   under  judgments  against,    for 

moneys  collected  by  them 9  3  38 

Competency  of,  as  witnesses,  in  actions  by  or  against Sc  2  61 

Exemption: 

1.  From  seinure  for  debt: 

Exemption „ 9  . .  37 

of  property  from  seizure  for  debt 9  ..  37 

cf  personal  property  of  residents  of  State,  not   married  or  heads 

of  families 

of  personal  property  of  residents  married,  or  heads  of  families. .. 

of  personal  property.  Exceptions  to  rule  of 

of  homestead  of  residents,  married  or  heads  of  families 

ofhomesteadoutsideof  city,  town,  or  village.  Extent  of. 

of  homestead  in  city,  town,  or  village.  Extent  of. 

of  homestead  of  widow 

of  homestead  of  minor  children 

of  rolling  stock  and  movable  property  of  railroads,  prohibited.. 

provisions  of  Constitution  of  1868,  in  regard  to,  EflFect  of 

laws,  in  force  at  adoption  of  Constitution  of  1868,  to  remain  in 
force  with  regard  to  contracts  made  before  that  time 

2.  JF^om taxation: 
Exemption: 

of  property  from  taxation,  other  than  as  provided  in  Constitu- 
tion, void 

of  capital  invested  in  mining  and  manufacturing  business  in 
this  State,  from  taxation,  for  seven  years  after  ratification 
of  Constitution— General  Assembly  may,  by  general  law,  pro- 
vide for ; 


9 

1 

37 

9 

2 

37 

9 

1,3 

37,38 

9 

3 

38 

9 

4 

38 

9 

5 

38 

9 

6,10 

38,39 

9 

6.10 

38,39 

17 

11 

50 

9 

9 

39 

cxxxii  INDEX  TO  CONSTITUTION. 

„    „  AiiT.  Sec, 

3.  Prom  duties  of  citizenship: 

Exemption: 

from  burden  or  duty,  no  citizen  to  enjoy,  on  account  of  race, 

color,  or  previous   condition 

from  militia  duty 

Exhibitions,  General  Assembly  may   tax 

Exile,  under  any  circumstances,  prohibited 

Ex  post  facto  I'livs  prohibited 

Expenditures  from  the  treasury  to  be  made  in  pursuance  of  specific  ap- 
propriation, by  law,  made  in  manner  specified 

of  public  money,  Publication  of. 

Expenses,  Ordinary,  of  State  Government,  to  be  provided  for  in  general 

appropriation  bill 

necessary,  of  government.  Levy  of  State  tax,  and  apropriations 
of  money,  for  defraying,  constitute  exceptions  to  rule  requir- 
ing rote  of  majority  of  two-thirds  of  botKhouses  of  General  As- 
sembly  

Expulsion  from  the  State,  under  any  circumstances,  prohibited 

of  member*  of  either  house  of  General  Assembly 

of  member  of  General  Assembly,  for  criminal  off"ence.  Proceed- 
ings for,  not  to  bar  indictment  and  punishment  for  same  of- 
fence   5  36 

of  member  of  General  Asienably,   for  corruption,  renders  him 

thereafter  ineligible  to  either  house 5  12 

JKc/ewston  of  provisions  of  laws,  not  to  be  by  reference  to  title  only,  but  by 
re-enactment,  and  publication,  at  length,  of  provisions  ex- 
tended   5  28 

Extra  compensation— see  Compensation. 
Extraordinary  sessions  oi  QenntA.  K^Mxahly 6  19 


F. 


2 

3 

2 

11 

1 

40 

16 

5 

47 

2 

21 

6 

2 

17 

5 

5 
19 

29 
12 

15 
57 

5 

30 

15 

5 

31 

15 

2 

21 

6 

h 

n 

11 

J?fec«  of  officers  in  th«  State,  General  Assembly  to  fix 16  4 

not  to  be  paid  at  other  than  par  value 16  4 

salaries,  and  perquisites, of  State,  county,  city,  and  town  officers. 
not  to  exceed  five  thousand  dollars  net  profit,  per   annum,  in 

par  funds 19  23 

State  officers  (Prosecuting  Attorneys  excepted)  not  to  receive  to 

their  own  use 

payable  for  any  service  performed  by  State  officers  (Prosecuting 
Attorneys  excepted) ,  to  be  paid  in  advance  into  the  treasury 

Judges  of  Supreme  Court  not  to  receive 

Judges  of  Circuit  Courts  not  to  receive 

Felony,  at  common  law,  Lawful  conviction  of,  alone  to  work  forfeiture 

or  impairment  of  right  of  suffrage 

Case  of,  constitutes  exception  to  elector's    privilege  of  freedom 

from  arrest 

Fraud,  bribery, or  other  willful  and  corrupt  violation  of  election 

laws  of  the  State  to  constitute 

Case  of,  constitutes  exception  to  Senatows'  and  Representatives' 

privilege  of  freedom  from  arrest 

Offer,  to  public  officer,  of  coniideration,  to  influence  his  action, 

or  acceptance  of  same  by  officer,  constitutes 

Jurisdiction  of  Corporation  Courts  over 

case  of.  Privilege  of  volunteers  and  militia  from  arrest,  at  mus- 
ters, etc.,  not  to  extend  to 

Feme  covert.  Separate  property  of. 

Scheduling  of  separate  personal  property  of. 

Ferries,  County  Courts  to  hare  exclusive  eriginal  jurisdiction  in  all  mat- 
ters relating  to 

General  Assembly  may  tax 

Feudal  tenures,  of  every  description ,  with  all  their  imcidents,  prohibited 
Mling  of  vetoed  bills  in  offic«  of  Secretary  of  State,    after  adjournment... 

Final  passage  of  hills 

Finance  and  taxation 

Fines.  Excessive,  not  to  be  imposed 

Governor  to  have  power  to  remit,  in  criminal   and  penal  cases, 

except  in  thosa  of  treason  and  impeachment 

.Forcw,  military  and  naval.  Governor  to  b«  Commander-in-Chief  of  (with 
exceptions'  stated) 


19 

11 

56 

19 

11 

57 

10 

24 

18 

25 

2 

7 

4 

8 

6 

8 

15 

12 

35 

16 

43 

30 

11 

3 

40 

7,8 

39 

8 

33 

28 

27 

16 

5 

47 

28 

7 

15 

19 

16 

22 

13 
46 

2 

9 

4 

6 

18 

20 

INDEX  TO  CONSTITUTION. 


Art,  Sec.         Page. 

Forfeiture  of  estate,  No  conviction  to  work 2  17  5 

of  right  to  vote,  Lawful  conviction  of  felony,  at  common  law, 

only,  to  work 3  2  7 

of  charters,  Condition  of  remission  of    17  8  50 

of  residence,  not  caused  by  absence  on  business  of  descriptions 

specified 19  7  56 

Forfeitures,  Governor  to  have  power  to  remit,   in  criminal    and  penal 

cases,  except  in  those  of  treason  and  impeachment 6  18  20 

Foreign  corporatiom  doing  business  in  this  State,"  Regulations  concern- 
ing   12  11  42 

Foreigners— se^Q  Aliens. 
Forgery,  Conviction  of,  after  adoption  of  Constitution,  disqualifies  for 

seat  in  General  Assembly,  or  ofiice  of  trust  or  profit 5  9  11 

Form  of  government,  VriyWiize  of  free  choice  of. Pr  .,  1 

Franchise  and  Elections 3  . .  7 

See  Elections. 

i^rancAw«,  elective.  Qualifications  for  exercise  of. -        3  1  7 

For  exceptions  to  general  rule  of  qualifications,  see 3         5,  6,  7  8 

Franchises  of  Corporations— see  Art.  XII,  passim. 
Franchises  of  parallel  or  competing  lines  of  railroad  or  canal  companies. 

Consolidation,  etc.,  of,  prohibited 17  4  49 

of  incorporated  companies.  State  may  take,  in  exercise  of  right 

of  eminent  domain 17  9  50 

of  foreign  corporations  doing  busiaess  in  the  State,  ;  Regula- 
tions concerning 12  11  42 

Fraud,  Case  of,  constitutesrexception  to  prohibition  of  imprisonment  for 

debt 2  16  5 

in  elections,  to  constitute  felony,  and  disqualify  for  oflBces  of 

trust  or  profit 3  6  8 

Freepasses,  grant  of,  by  railroad  or  transportation  companies  to  oflScers 

of  the  State,  General  Assembly  to  prevent,  by  law 17  7  50 

Free  Schools— see  Schools. 

Freedom  of  the  press  and  of  speech 

of  elections 3  2  7 

religious.  Natural  and  indefeasible  right  of. 2  24  6 

of  conscience.  Right  of 2  24  6 

of  worship 

of  speech  and  debate,  in  session  of  General  Assembly 

But  see,  also.  Liberty. 
Freehold,  Disseizure  of,  except  by  judgment  of  peers  or  law  of  the  land, 

prohibited 2  21  5 

Fuel  for  use  of  State  government  to  be  furnished  by  lowest  responsible 
bidder  below  maximum  price,  under  regulations  to  be  pre- 
scribed by  law 19  15  57 

for  use  of  State  government.  Contracts  for  furnishing,  to  be  sub- 
ject to  approval  of  Governor,  Auditor,  and  Treasurer 19  15  57 

for  use  ot  State  government.  No  member  or  of&cer  of  govern- 
ment to  be  interested  in  contract  for 19  15  57 

Funds  of  State,  for  the  benefit  of  schools  or  universities,  not  to  be  used 

for  other  than  their  respective  purposes 14  2  44 

public,  Publication  of  receipts  and  expenditures  of 19  12  57 

But  see  Auditor,  Claims,  Debt  Public,  Disbursements,  Moneys, 
Payment,  School  Fund,   Treasurer,  etc.,  etc. 
Furnishing  of  rooms  used  for  meetings  of  General  Assembly  and  its  com- 
mittees, to  bo  performed  under,  contract,  to  be  given  to  lowest 
responsible  bidder,  below  maximum  price,  under  regulations 
to  be  prescribed  by  law 19  15  57 


2 

6 

3 

2 

2 

24 

2 

24 

2 

24.  25 

5 

15 

(1)  INDEX  TO  CONSTITUTION. 

G. 

Art.  Sec.         Page. 
Garland,  Augustus  H.,  a  member  of  State  Board  of  Supervisors  of  Elec- 
tion under  Schedule Sc  7  62 

GENERAL    ASSEMBLY.* 

CONSTITUTION,  ETC..  OF  GENERAL  ASSEMBLY: 

1.  General  provisions: 

The  legislative  powers  of  the  government  of  the  State,  as  dis- 
tinguished from  those  executive  and  judicial,  to  be  confided  to 
a  separate  body  of  magistracy 4  1  ii 

Legislative  power  of  the  State  vested  in  a  General  Assembly 5  1  10 

No  person,  or  collection  of  persons,  being  of  one  department  of 
the  government,  to  exercise  any  power  belonging  to  either  of 
the  others,  except  in  the  instances  in  the  Constitution,  after 
Art.  IV,  expressly  directed  or  permitted 4  2  9 

te  consist  of  the  Senate  and  House  of  Representatives 5  1  10 

2.  Senate: 

Senate  to  consist  of  members  to  be  chosen  every  four  years,  by 

the  qualified  electors  of  the  several  districts 6  3  10 

The  Senators,  at  the  first  session  of  the  Senate,  to  divide  them- 
selves into  two  classes  by  lot ;  the  first  class  to  hold  their  places 

for  two  years  only ;   after  which,  all  to  be  elected  for  four 

years 5  3  10 

Senate  never  to  consist  of  less  than    thirty,  nor   more  than 

thirty-five,  members 8  2  37 

Arrangement  of  Senatorial  districts  until  the  enumeration  of 

the  inhabitants  shall  have  been  taken  by  U.  S.  Goyernment, 

A.  D.  1880 8  2  35 

*  A  statement  of  the  system  of  classification  adopted  under  this  head,  may  facilitate  reference. 

Under  the  principal  title  of  *'  General  Assembly"  have  been  grouped  the  general  provisions  of  the 
Organic  Law  respecting  the  constitution,  organization,  and  methods  of  procedure,  of  the  two  houses,  re- 
spectively, and  of  the  entire  body  legislative,  the  election,  returns,  qualifications,  compensation,  and 
privileges,  of  members,  etc..  etc.  These  are  arranged,  without  attempt  at  very  nice  distinction  (which  the 
nature  of  the  matter  in  this  instance  renders  impracticable,  or,  at  least,  unprofitable),  under  the  sub- 
heads, respectively,  of  "  Constitution,  etc.,  of  General  Assembly,"  *' Procedings,"  and  "  Miscellaneous." 

The  constitutional  provisions  prescribing  the  powers  and  duties  of  the  Legislature,  have  been  treated 
under  the  three  heads  of  "Dutiei  Obligatory,"  "Powers  Discretionary,"  and  "Poweks  Denied." 
Each  of  these  titles  (so  far  as  in  the  respective  cases  required)  is  subdivided  as  follows  : 

1.  Provisions  specifically  affecting  the  Senate. 

2.  Provisions  specifically  afi'ecting  the  Housfc  of  Representatives. 

3.  Provisions  equally  aflFeeting  each  of  the  two  houses,  acting  in  its  separate  capacity. 

4.  Provisions  affecting  the  two  houses  acting  in  joint  session, 

5.  Provisions,  affecting  the  entire  General  Assembly,  acting  in  the  exercise  of  its  ordinary  capacity  of 
legislation. 

Each  of  the  above-recited  sub-divisions  is  again  sub-divided  (when  required)  as  follows  : 

a.  As  regards  matter  of  procedure. 

b.  As  regards  matters  of  legislation  generally. 

c.  As  regards  matters  special  (this  latter  sub-head  having  reference,  not  to  what  is  known  as  "special 
legislation,"  but  to  the  performance  of  certain  specific  duties  prescribed,  or  powers  conferred,  in  particu- 
lar cases,  by  the  Constitution.) 

A  fifth  title  sets  forth  the  "  Reports"  to  be  made  to  the  Legislature,  so  far  as'im  the  Constitution  pre- 
scribed. 

The  provisions  regulating  the  joint  sessions  of  the  two  houses,  those  affecting  the  question  of  special  leg- 
islation, and  those  prescribing,  for  the  adoption  of  certain  specified  propositions,  the  vote  of  a  greater  or 
less  number  of  members  than  a  majority  of  the  quorum  present,  are  also  collated,  in  their  proper  alpha- 
betical places  in  the  general  index,  under  the  respective  heads  of  ^^  Joint  sessions,"  "Special  legislation," 
and  "  Votes." 

So  of  "Bills,"  "Impeachments,"  "Journals,"  etc.,  and,  indeed,  of  every  separate  topic  referred  to 
under  the  general  head  above  ;  though  these  have  for  the  most  part  been  more  briefly  treated.  The  fullness 
of  the  digest,  therefore,  under  the  head  of  "  General  Assembly,"  will  by  no  possibility  interfere  with 
readiness  of  reference  upon  any  particular  subject. 

esS'A.  Tablb  of  Contents  of  the  index-matter  contained  under  the  entire  head  of  General  Assem- 
bly, WITH  REFERENCES  TO  THE  PAGING  OF  THIS  PORTION  OF  THE  WORK,  WILL  BE  FCTUND  IN  THE  FOOT-N«TK  AT 
THE  CLOSE  OP  THIS  TITLE. 


INDEX  TO  CONSTITUTION.  (2) 


Art.  Sue.         Pa«e. 

General  Assembly  (continued.) 

[For  table  showing  apportionment  of  counties  to  Senatorial  Dis-     ■ 
tricti,  as  prescribed  until  othericise  provided  by  Oeneral  As- 
sembly,   see  at  close  of  Index.  ] 
State  to  be,  from  time  to  time,  divided  into  convenient  Senato- 
rial districts,  in  such  manner  that  the  Senate  shall  be  based 
upon  the  adult  male  inhabitants  of  the  State;  each  Senator 

representing  an  equal  number  as  near  as  practicable 8  2  35 

Division  of  State  into  Senatorial  districts  to  be  made  at  the  first 
regular  session  after  each  enumeration  of  theinha,bitants  of  the 
State,  by  Federal  or  State  government,  shall  have  been  ascer- 
tained, and  at  no  other  time 8  4  37 

Senatorial  districts,  at  all  times,  to  consist  of  contiguous  ter- 
ritory   8  3  37 

No  county  to  be  divided  in  the  formation  of  Senatorial  dis- 
tricts   8  3  37 

3.  House  of  Representatives  : 

House  of  Representatives  to  consist  of  members  to  be  chosen 
every  second  year,  by  the  qualified  electors  of  the  several  coun- 
ties   5  2  10 

House  of  Representatives  to  consist  of  not  less  than  seventy- 
three,  nor  mora  than  one  hundred,  members 8  1  32 

Apportionment  of  Representatives,  until  the  enumeration  of 
the  inhabitants  shall  have  been  taken  by  the  U.  S.  Govern- 
ment, A,  D.  1880 8  1  33 

Each  eounty  organized  at  time  of  adoption  of  Constitutional- 
ways  to  be  entitled  to  »ne  Representative;  the  remainder 
to  be  apportioned  among  the  several  counties  according  to 
the  number  of  adult  male  inhabitants,  taking  two  thousand 
as  the  ratio,  until  the  number  of  Representatives  amounts  to 
one  hundred,  when  ihey  shall  not  be  further  increased 8  1  32 

Ratio  of  representation  in  the  House  of  Representative!  to  be 
from  time  to  time  increased,  as  in  the  Constitution  provided; 
but  so  that  the  Representatives  shall  never  exceed  the  num- 
ber of  one  hundred 8  1  32 

Apportionment  of  Representatives  to  the  several  counties  to  be 
made  at  the  first  regular  session  after  each  enumeration  of 
the  inhabitants  of  the  State,  by  the  Federal  or  State  govern- 
ment, shall  have  been  ascertained,  and  at  no  other  time 8  4  «37 

4.  Vacancies  : 

Governor  to  issue  writs  of  election,  to  fill  such  vacancies  as  shall 
occur  in  either  house 5  6  10 

5.  Preliminaries  to  organization  : 

Returns  for  members  (except  as  otherwise  provided  by  the  Con- 
stitution—!, e.,  in  case  of  first  election  after  adoption!of  Con- 
stitution, for  which  see  Schedule,  Sees.  16  and  17,  p.  64)  to  be 
made  to  Secretary  of  State „.  19  10  56 

Each  house  to  be  sole  judge  of  the  qualifications, iretums,  and 
elections,  of  its  own  members 6  11  11 

Term  of  all  members  to  begin  on  the  day  of  their  election 5  16  12 

Senators  and  Representatives,  before  entering  on  the  duties  of 
their  respective  offices,  to  take,  and  subscribe  to,  oath,  or  af- 
firmation, prescribed 19  20  58 

Oath  of  office 19  20  58 

6.  Qualifications  of  members  : 

Citizenship  and  residence.— ^o  person  to  be  a  Senator  or  Represent- 
ative, who,  at  the  time  of  his  election,  is  not  a  citizen  of 
the  U.  S.,  nor  any  one  who  has  not  been  for  two  years 
next  preceding  his  election  a  resident  of  this  State, and  for  one 
year  next   preceding  his  election,  a  resident  of  the  county 

or  district  whence  he  may  be  chosen 5  4  10 

^£r«.— Senators  to  be  at  least  twenty-five  years  of  age,  and  Represen- 
tatives at  least  twenty-one  years  of  age 5  4  10 

Disqualifications.— By  reason  of  holding  office.— 'So  Judge  of  the  Su- 
preme, Circuit,  or  inferior  courts,  of  law  or  equity.  Secretary 
of  State,  Attorney  General  for  the  State,  Auditor  or  Treasurer, 
Recorder,  Clerk  of  any  court  of  record,  SheriflF,  Coroner,  Mem- 
ber of  Congress,  nor  any  other  person  holding  any  lucrative 
office  under  the  United  States  or  this  State  (militia  officers. 
Justices  of  the  Peace,  Postmasters,  officers  of  public  schools, 
and  Noteries,  excepted) ,  to  be  eligible  to  a  seat  in  either  house..  5  7  11 


(3)  INDEX  TO  CONSTITUTION. 


General  Asskmblt  (continued.) 

Treasurer  of  State,  Secretary  of  State,  Auditor  of  State,  and 
Attorney  General,  to  hold  no  other  office  or  commission,  civil 

or  military,  in  this  State,  etc.,  at  one  and  the  same  time 

Supreme  Judges  to  hold  no  other  office,  nor  hold  any  office  of 

trust  or  profit  under  the  State,  etc 

Judges  of  Circuit  Courts  to  hold  no  other  office  of  trust  or  profit 

under  this  State,  etc 

By  reason  of  violation  of  election  laws. — Any  person  convicted  of 
fraud,  bribery,  or  other  willful  and  corrupt  violation  of  any 
election  law  of  this  State,  to  be  adjudged  guilty  of  a  felony, 
and  disqualified  from  holding  any  office  of  trust  or  profit  in 

this  State 

By  reason  of  service  as  officer  of  the  election.— ^o  election  officer  to  be 
eligible  to  any  civil  office  to  be  filled  at  an  election  at  which 
he  shall  serve  (save  to  certain  subordinate  municipal  or  local 

offices) 

By  reasoit  of  failure  to  account  for  public  moneys  entrusted,— 'So  person 
who  at  date  of  adoption  of  the  Constitution  was,  or  thereafter 
may  be,  a  collector  or  holder  of  public  money,  nor  any  assist- 
ant or  deputy  of  such  holder  or  collector  of  public  money,  to 
be  eligible  to  a  seat  in  either  house,  nor  to  any  other  office  of 
trust  or  profit,  until  he  shall  have  accounted  for,  and  paid 
over,  all  sums  for  which  he  may  have  been  liable  to  a  seat  in 

either  house 

By  reason  of  conviction  of  crime,— No  person  convicted,  after  adop- 
tion of  the  Constitution,  of  embezzlement  of  public  money, 
bribery,  forgery,  or  other  infamous  crime,  to  be  eligi- 
ble to 

By  reason  of  previous  expulsion  for  corruption.— A  member  expelled 

for  corruption,  not,  thereafter,  to  be  eligible  to  either  house... 

By  reason  of  conviction  upon   impeachmtnt. — Judgment  in  cases    of 

impeachment,  may  include  disqualification  to  hold  any  office 

of  honor,  trust,  or  profit,  under  this  State 

By  reason  of  misuse  of  public  moneys,— The  making  of  profit  out  of 
public  moneys,  or  using  the  same  for  any  purpose  not  author- 
ized by  law,  by  any  officer  of  the  State,  or  member  or  officer  of 
the  General  Assembly,  to  be  punishable  as  may  be  provided  by 
law ;  but  part  of  such  punishment  to  be,  disqualification  to 

hold  office  in  this  State,  for  a  period  of  five  years 

By  reason  of  atheism.— "No  person  who  denies  the  being  of  a  God,  to 

hold  any  office  in  the  civil  departments  of  this  State 

By  reason  of  participation  in  a  duel. — No  person  who,  after  the  date 
of  adoption  of  the  Constitution,  may  fight  a  duel,  assist  in 
the  same  as  second,  or  send,  accept,  or  knowingly  carry,  a 
challenge  therefor,  to  hold  any  office  in  the  State,  for  a  period 

of  ten  years,  etc 

By  reason  of  non- Qualification  as  elector.— "Ro  person  to  be  elected  to, 
or  appointed  to  fill  a  vacancy  in,  any  office,  who  does  not  pes- 

sess  the  qualifications  of  an  elector 

7.  Compensation  of  members: 

Per  diem  pay,  and  mileage,  of  members,  for  their  services,  to  be 

such  as  shall  be  fixed  by  law 

Pay  and  mileage  of  members,  for  two  years  from  the  adoption 
of  the  Constitution,  and  until  otherwise  provided  by  law, 
to  be  the  sum  of  six  dollars  per  day,  and  twenty  cents  per 
mile  for  each  mile  travelled  in  going  to  and  returning  from 
the  seat  of  government,  over  the  most  direct  and  practicable 

route 

No  increase  of  salaries  of  members  to  be  provided  for,  which 
shall  take  effect  before  the  meeting  of  the  next  General  As- 
sembly  

No  increase  of  pay  to  be  received  for  his  services,  by  any  mem- 
ber of  either  house,  during  the  term  for  which  he  has  been 

elected,  under  any  law  passed  during  such  term 

PROCEEDINGS : 
1,  Sessions: 
a.  Regular: 

to  meet  at  the  seat  of  government,  every  two  years,  on  the  first 
Tuesday  after  the  second  Monday  in  November,  until  said 
time  be  altered  by  law 


Sbc. 


INDEX  TO  CONSTITUTION.  (4) 

Art.  Sec.  Pagk. 

Gexkral  Assembly  (continued.) 

Duration  of  regular  biennial  sessions  not  to  exceed  sixty  days, 

unless  hy  vote  of  two-thirds  of  the  members  elected  to  each 

house;  except  at  the  first  session  under  this  Constitution,  or 

when  impeachments  are  pending 5  17  12 

b.  Extraordinary: 

Governor  may,  by  proclamation,  on  extraordinary  occasions, 

convene  the  .General  Assembly,  at  the  seat  of  government,  or 

at  a  different  place,  if  that  shall  have  become,  since  their  last 

adjournment,  dangerous,  from  an  enemy  or  contagious  di- 
sease   6  19  20 

Governor  to  specify,  in  his  proclamations  calling  extraordinary 

sessions,  the  purpose  for  which  the  General  Assembly  is  con- 
vened   6  19  21 

At  extraordinary  sessions,  no  business  other  than  that  set  forth 

in  the  proclamation  of  the  Governor  to  be  transacted,  until 

such  business  shall  have  been  disposed  of. 6  19  21 

at  extraordinary  sessions,  after  disposition  of  the  business  set 

forth  in  the  proclamation  of  the  Governor,  may,  by  a  vote  of 

two-thirds  of  all  the  members  elected  to  both  houses,  entered 

upon  their  journals,  remain  in  session  not  exxjeeding  fifteen 

days 6  19  21 

2.  Publicity  of  proceedings: 

Sessions  of  each  house,!  and  of  committees  of  the  whole,  to  be 

open,  unless  when  the  business  is  such  as  ought  to  be  kept 

secret 5  13  12 

(By  implication)   each  house  may  withhold  from  publication 

such  parts  of  its  journal  as  reauire  secrecy 5  12  12 

3.  Quorum,  etc.: 

Majority  of  all  the  members  elected  to  each  house,  to  constitute 

a  quorum  to  do  business 5  11  11 

Smaller  number  than  a  quorum,  of  either  house,  may  adjourn 

from  day  to  day 5  11  11 

S  nailer  number  than  a  quorum,  of  either  house,  may  compel 

the  attendance  of  absent  members,  in  such  manner  and  under 

such  penalties  as  such  house  shall  provide 5  11  11 

4.  Presiding  officers: 

Each  house,  at  the  beginning  of  every  regular  session,  and 
whenever  a  vacancy  may  occur,  to  elect  from  its  members  a 

presiding  oflBcer 5  18  13 

Presiding  sflBcer  of  the  Senate  to  be  styled  President  of  the  Sen- 
ate   5  18  13 

Presiding  oflBcer  of  the  House  of  Representatives  to  be  styled 

Speaker  of  the  House  of  Representatives 5  18  13 

Whenever,  at  the  close  of  any  session,  it  may  appear  that  the 
term  of  the  member  elected  President  of  the  Senate  will  ex- 
pire before  the  next  regular  session,  the  Senate  to  elect  another 
President,  from  those  members  whose  terms  of  oflBce  continue 

over 5  18  13 

President  of  the  Senate  to  qualify  upon  election,  and  remain  in 
oflSce  as  such  until  his  successor  may  be  elected  and  qualified..  5  18  13 

[For  functions  to  be  exercised  by  President  of  Senate  and 
Speaker  of  House  of  Representatives,  in  case  of  vacancy 
in  oflBce  of  Governor,  see  under  sub-head  of  '*  Miscella- 
neous," below.] 

5.  Journals: 

Each  house  to  keep  a  journal  of  its  proceedings 5  12  12 

Each  house,  from  time  to  time,  to  publish  its  journal,  except 
such  parts  as  require  secrecy 5  12  12 

6.  Special  powers  of  each  house  ; 
Each  house  has  power : 

to    appoint  its    own  ofiicers 5  11  U 

to  be  sole  judge  of  the  qualifications,  returns,  and^elections,  of 
its  own  members 

to  determine  the  rules  of  its  proceedings 

to  punish  its  members,  or  other  persons,  for  contempt  or  disor- 
derly behavior  in  its  presence 

(punishment  for  contempt,  or  disorderly  behavior,  not  to  bar  an 
indictment  for  the  same  oflfence) 

to  enforce  obedience  to  its  process 

13 


5 

11 

11 

5 

12 

11 

5 

12 

11 

5 

12 

12 

5 

12 

11 

(5)  .  INDEX  TO  CONSTITUTION. 

Art.  Sec,  Page. 

Gbnbral  Assembly  (continued.) 

to  protect  its  members  against  violence,  or  oflFers  of  bribes,  or 

private  solicitations 5  12  11 

with  the  concurrence  of  two-thirds,  to  expel  a  member  (but  not 
a  second  time  for  the  same  cause) 5  12  11 

7.  Yeas  and  nays; 

Yeas  and  nays,  on  any  question,  at  the  desire  of  five  members, 

to  be  entered  on  the  journals 5  12  12 

See,  however,  for  collation  of  all  provisions  requiring  the 
call  of  the  yeas  and  nays.  Yeas  and  Nays,  in  the  General 
Index. 

8.  Adjournments  : 

Neither  house,  without  the  consent  of  the  other,  to  adjourn  for 
more  than  three  days 5  28  15 

Neither  house,  without  the  consent  of  the  other,  to  adjourn  to 
any  other  place  than  that  in  which  the  two  houses  shall  be  sit- 
ting   5  28  15 

In  case  of  disagreement  between  the  two  houses,  at  a  regular 
or  special  session,  with  respect  to  the  time  of  adjournment, 
the  Governor  may,  if  the  facts  be  certified  to  him  by  the  pre- 
siding oflScers  of  the  two  houses,  adjeurn  them  to  a  time  not 
beyond  the  day  of  their  next  meeting;  and  on  account  of  dan- 
ger from  an  enemy  or  disease,  to  such  other  place  of  safety 
as  he  may  think  proper 9  20  21 

9.  General  Legislation  : 

a.  Bills  generally: 

No  law  to  be  passed  except  by  bill 5  21  13 

Style  of  the  laws  of  the  State  of  Arkansas  to  be  :  "Be  it  enact- 
ed by  the  General  Assembly  of  the  State  of  Arkansas." 5  19  13 

No  bill  to  be  so  altered  or  amended,  on  its  passage  through 
either  house,  as  to  change  its  original  purpose 5  21  13 

Every  bill  to  be  read  at  length,  on  three  different  days,  in  each 
house,  unless  the  rules  be  suspended  by  two-thirds  of  the 
house,  when  the  same  may  be  read  a  second  or  third  time  on 
the  same  day 5  22  13 

No  bill  to  become  a  law,  unless,  on  its  final  passage,  the  vote 
betaken  by  yeas  and  nays,  the  names  of  the  persons  voting  for 
and  against  the  same  entered  on  the  journal,  and  a  majority 
of  each  house  recorded,  thereon,  as  voting  in  its  favor 5  22  13 

No  law  to  be  revived,  amended,  or  the  provisions  thereof  ex- 
tended or  conferred,  by  reference  to  its  title  only;  but  so  much 
thereof  as  is  revived,  amended,  extended,  or  conferred,  to  be 
re-enacted  and  published  at  length 5  23  14 

No  new  bill  to  be  introduced  into  either  house  during  the  last 
three  days  of  the  session 5  34  16 

b.  Appropriation  bills,  etc.: 

Appropriations  to  be  specific,  their  purpose  to  be  distinctly  stated 
in  the  bill,  and  the  maximum  amount  which  may  be  drawn  to 
be  specified  in  dollars  and  cents 5  29  15 

Appropriation  not  to  be  for  longer  period  than  two  years 5  29  15 

General  appropriation  bill  to  embrace^  nothing  but  appropria- 
tions for  the  ordinary  expense  of  the  executive,  legislative,  and 
judicial  departments  of  the  State..: 5  30  15 

All  appropriations,  except  for  ordinary  expenses  of  the  execu- 
tive, legislative,  and  judicial  departments  of  the  State,  to  be 
made  by  separate  bills,  each  embracing  but  one  subject 5  30  16 

Bills  levying  State  taxes  or  making  appropriations  of  money, 
except  to  raise  moans  for  payment  of  the  just  debts  of  the 
State,  for  defraying  the  necessary  expenses  of  government,  to 
sustain  common  schools,  to  repel  invasion,  and  suppress  insur- 
rection, must  be  passed  by  a  majority  of  two-thirds  of  both  r 
houses 5  31  15 

c.  Bills  allowing  claims  : 

Bills  allowing  compensation,  to  any  oflScer,  agent,  employe,  or 
contractor,  after  the  service  shall  have  been  rendered,  or  the 
contract  made,  must  be  passed  by  two-thirds  of  the  members 
elected  to  each  branch 5  27  14 

Bills  allowing  any  claim,  the  subject-matter  of  which  shall  not 
have  been  provided  for  by  pre-existing  laws,  must  be  passed  by 
two-thirds  of  the  members  elected  to  each  branch  of  the  Gen- 
eral Assembly 5  27  14 


INDEX  TO  CONSTITUTION.  (6) 

Art.  Skc.  Page. 

General  Assembly  (continued.) 

d.  Bills  local  and  special : 

No  local  or  special  bill  to  be  passed  unless  notice  of  the  inten- 
tion to  apply  therefor  shall  have  been  published  in  the  locality 
where  the  matter  or  the  thing  to  be  aflFeeted  may  bo  situated  ; 
such  notice  to  bo,  at  least,  thirty  days  prior  to  the  introduc- 
tion, into  the  General  Assembly,  of  such  bill,  and.in  the  man- 
ner to  be  provided  by  law  ;  the  evidence  of  such  notice  having 
boon  published,  to  be    exhibited  in  the  General  Assembly, 

before  such  act  shall  be  passed 5  "      26  U 

For  full  digest  of  provisions  upon  the  subject,  see  SptcicU 
Legislation,  in  the  General  Index. 

e.  Vetoes: 

Bills  which  shall  have  passed  both  houses,  to  be7presented  to 
Governor,  for  approval 6  15  19 

Bill,  upon  disapproval  by  Governor,  to  be  returned,  by  him, 
with  his  objections,  to  the  house  in  which  it  originated 6  15  19 

On  return  of  bill,  with  Governor's  objections,  the  house  to 
which  returned  to  enter  the  objections  at  large  upon  the  jour- 
nal, and  to  proceed  to  re«onsider  the  bill 6  15  19 

If,  after  reconsideration  of  bill  returned  by  Governor,  disap- 
proved, a  majority  of  the  whole  number  of  members  elected  to 
the  house  to  which  it  shall  have  been  returned,  shall  ajree  .to 
pass  the  bill,  the  bill  to  be  sent,  with  the  objections,  to  the 
other  house,  by  which,  likewise,  it  shall  be  reconsidered 6  15 

If  bill  returned  by  Governor,  with  his  objections,  shall  be  ap- 
proved by  a  majority  of  the  whole  number  of  members  elected 
to  each  house,  the  bill  to  be  a  law 6  15  19 

In  case  of  return  of  bill,  by  Governor,  with  his  objections,  the 
votes  of  both  houses  to  bo  determined  by  yeas  and  nays,  and 
the  names  of  the  members  voting  for  or  against  the  bill,  to  be 
entered  on  the  journals _ 6  15  19 

Bills  not  returned  by  the  Governor,  within  five  days,  Sundays 
excepted,  after  they  shall  have  been  presented  to  him,  to  be 
law,  in  like  manner  as  if  he  had  signed  them,  unless  the  Gen- 
eral Assembly,  by  adjournment,  prevent  their  return 6  15  19 

In  case  the  General  Assembly,  by  adjournment,  prevent 
the  return  of  a  bill,  the  bill  to  become  a  law,  unless  the  Gov- 
ernor file  the  same,  with  his  objections,  in  the  ofiBce  of  the 
Secretary  of  State,  and  give  notice  thereof,  by  public  procla- 
mation, within  twenty  days  after  such  adjournment 6  15  19 

Governor  to  have  power  to  disapprove  any  item,  or  items,  of  any 
bill  making  appropriations  of  money,  embracing  distinct 
items 6  17  20 

The  part  or  parts  of  bills  making  appropriations  of  money,  ap- 
proved by  the  Governor,  to  be  the  law;  and  the  item  or  items 
of  appropriations,  disapproved,  to  be  void,  unless  repassed 
according  to  the  rules  and  limitations  prescribed  for  the  pas- 
sage of  other  bills  over  the  executive  veto 6  17  20 

Orders  or  resolutions  in  which  the  concurrence  of  both  houses 
may  be  necessary,  except  on  questions  of  adjournment,  to  be 
presented  to  the  Governor  for  approval 6  16  20 

Orders  or  resolutions  in  which  the  concurrence  of  both  houses 
may  be  necessary,  being  disapproved  by  the  Governor,  to  be 
repassed  by  both  houses,  according  to  the  rules  and  limitations 
prescribed  in  the  case  of  a  bill 6  16  20 

10.  Elections  in  General  Assembly  : 

Elections  in,  to  be  viva  voce S,  5  12, 14  9,12 

Whenever  an  oflScer,  civil  or  military,  shall  be  appointed  by  the 

joint  or  concurrent  vote  of  both  houses,  or  by  the  separate  vote 

of  either  house,  the  vote  to  be  taken  viva  voce,  and  entered 

on    the  journals 5  14  12 

11.  Special  proceedings  : 

Procedure  in  matter  of  amendments  to  Constitution 19  22  59 

Procedure  in  cases  of  impeachment 15  2  45 

Governor,    upon  the  joint  address  of  two-thirds  of  the  members 

elected  to  each  house,  for  good  cause, may  remove  the  Auditor, 

Treasurer,  Secretary  of  State,  Attorney  General,  Judges  of  the 

Supreme  and  Circuit  Courts,    Chancellors,    and  Prosecuting 

Attorneys 15  3  45 


(7)  INDEX  TO  CONSTITUTION. 

Art.  Sec.  Pa6e. 

General  Assembly  (continued.) 

In  cases  of  treason,  the  Governor  to  have  power,  by  and  with 
the  advice  and  consent  of  the  Senate,  to  grant  reprieves  and 
pardons,  and,  in  the  recess  of  the  Senate,  to  respite  the  sen- 
tence until  the  adjournment  of  the  next  regular  session  .of  the 
General  Assembly 6  18  20 

Advice  and  consent  of  Senate  requisite  to  appointment  of  State 

Geologist 10  2  40 

12.  Determination  op  result  of  elections  for  executive   officers 
OF  State  ; 

Returns  of  election  for  Governor,  Secretary  of  State,  Treasurer 
of  State,  Auditor  of  State,  and  Attorney-General,  respec- 
tively, to  be  sealed  up  separately  and  transmitted  to  the  seat  of 
government,  by  the  returning  officers,  and  directed .  to  the 
Speaker  of  the  House  of  Representatives 6  S  17 

Speaker  of  the  House  of  Representatives,  during  the  first  week  of 
the  session,  to  open  and  publish,  in  the  presence  of  both 
houses,  the  votes  cast  and  given  for  Governor,  Secretary  of 
State,  Treasurer  of  State,  Auditor  of  State,  and  Attorney- 
General,  respectively 6  3  17 

Upon  the  publication  of  the  votes  for  Governor,  Secretary, 
Treasurer,  Auditor,  and  Attorney-General,  respectively,  the 
person  having  the  highest  number  of  votes  for  each  of  the  res- 
pective offices,  to  be  declared  duly  elected  thereto 6  3  17 

If  two  or  more  persons  shall  be  equal  and  highest  in  votes  for 
office  of  Governor,  Secretary.  Treasurer,  Auditor,  or  Attorney- 
General,  respectively,  one  of  them  to  be  chosen  by  the  joint 
vote  of  both  houses,  and  a  majority  of  all  the  members  elected 
to  be  necessary)  to  a  choice 6  3  17 

Contested  elections  for  Governor,  Secretary  of  State,  Treasurer 
of  State,  Auditor  of  State,  and  Attorney-General,  to  be  deter- 
mined by  the  members  of  both  houses  in  joint  session;  who 
shall  have  exclusive  jurisdiction  in  trying  and  determining 
the  same,  except  as  thereafter  in  the  Constitution  provided  in 
the  case  of  special  elections  [being  the  case  of  special  elections 
to  fill  vacancies  in  the  office  of  Governor— See  Art.  VI,  Sec.  14, 
p.  18] 6  4  17 

Contested  elections  for  Governor.  Secretary  of  State,  Treasurer 
of  State,  Auditor  of  State,  and  Attorney-General,  to  be  deter- 
mined at  the  first  session  of  the  General  Assembly  after  the 

election  in  which  the  same  shall  have  arisen 6  4  17 

MISCELLANEOUS: 
1.  Provisions  respecting  members  : 

a.  Privilege: 

Members,  in  all  cases  except  treason,  felony,  and  breach,  or 

surety,  of  the  peace,  to  be  privileged  from  arrest  during  their 

attendance  at  the  sessions  of  their  respective  houses,  and  in 

going  to  and  returning  from  the  same 5  15  12 

Members   not   to   be    questioned   in  any  other  place   for  any 

speech  or  debate  in  either  house 5  15  ^2 

b.  Corruption,  and  other  eriminal  conduct: 

Any  person  who  shall  directly  or  indirectly  ofifer,give, or  promise, 
any  money,  or  thing  of  value,  testimonial,  privilege,  or  per- 
sonal advantage,  to  any  member,  to  influence  his  action  in  the 
performance  or  non-performance  of  his  public  or  official  duty, 
to  be  guilty  of  a  felony,  and  to  be  punished  accordingly ,.  5  35  16 

Any  member  who  shall  receive,  or  consent  to  receive,  any  money, 
or  thing  of  value,  testimonial,  privilege,  or  personal  advan- 
tage, either  directly  or  indirectly,  to  influence  his  action  in 
the  performance  or  non-performance  of  his  public  or  official 
duties,  to  be  guilty  of  a  felony,  and  to  be  punished  accord- 
ingly   5  35  1« 

Member  expelled  for  corruption,  not,  thereafter,  to  be  eligible 
to  either  house 5  ]2  12 

Proceedings  to  expel  a  member  for  a  criminal  offence,  whether 
successful  or  not,  not  to  bar  an  indictment,  under  the  crim- 
inal laws,  for  the  same  offence 5  36  16 

Members  or  officers,  making  profit  out  of  public  moneys,  or 
using  the  same  for  any  purpose  not  authorized  by  law,  to  be 
punished  as  may  be  provided  by  law ;  part  of  such?puni8hment 


INDEX  TO  CONSTITUTION.  (8) 

Akt.  Sec.  Page. 

Genkrai,  Assembly  (continued.) 

to  be,  disqualification  to  hold  oflBce  in  this  State  for  a  period  of 

five  years 16  3  46 

c.  Ineligibility  to  other  offices  : 

No  Senator  or  Representative,  during  the  term  for  which  he 
shall  have  been  elected,  to  be  appointed  or  elected  to  any  civil 
oflSce  under  this  State 5  10  11 

d.  Special  prohibitions : 

Grant  of  free  passes,  by  any  railroad  or  transportation  company, 

to  legislative  officers,  to  be  prevented  by  law 17  7  50 

No   member   to    be  interested  in  any  contract  for  stationery, 

printing,  paper,  fuel,  for  the  use  of  the  General  Assembly,  or 

other  departments  of  government,  the  printing,  binding,  or 

distributing,  of  the  laws,  journals,  or  department  reports,  or 

any  other  printing  and  binding,  or  the  repairing  and  furnish- 
ing the  halls  and  rooms  used  for  the  meetings  of  the  General 

Assembly 19  15  57 

2.  Provisions  respecting  officers,  other  than  presiding  : 

Each  House  to  appoint  its  own  officers 5  11  11 

The  making  of  profit  out  of  public  moneys,  or  using  the  same 
for  any  purpose  not  authorized  by  law,  by  any  officer  of  the 
General  Assembly,  etc.,  to  be  punishable  as  may  be  provided 
by  law  ;  but  part  of  such  punishment  to  be,  disqualification 

to  hold  office  in  this  State  for  a  period  of  five  years 16  3  46 

See,  also, in  General  Index,  head  of  ''Officers, "  under  sub- 
head of  General  provisions  applicable  to  all  public  officers. 

3.  Messages  and  communications  : 

Governor's  messages  [see  sub-head  of  Reports,  below] 6  8  18 

Governor's  communications  of  pardons,  etc.,  granted  [see 
sub-head  of  Reports,  below] 6  18  20 

Secretary  of  State,  when  required,  to  lay  records,  etc.,  of  offi- 
cial acts  of  Governor,  before  General  Assembly  [but  see 
sub-head  of  Reports,  below] 6  21  21 

4.  Printing,  and  other  expenses  ; 

Contracts  for  stationery,  printing,  paper,  fuel,  for  the  use  of,  to 

be  furnished,  and  the  printing,  binding,  and  distributing,  of 

the  laws,  journals,  department  reports,  and  all  other  printing 

and  binding,    and  the  repairing  and  furnishing  the  halls  and 

rooms  used  for  the  meetings  of  the  General  Assembly    and  its 

committees,  to  be  performed  under  contract,  to  be  given  to  the 

lowest  responsible  bidder,  below   such    maximum  price  and 

under  such  regulations  as  shall  be  prescribed  by  law 19  15  57 

No  member  to  be  in  any  way  interested  in  contricts  described  in 

the  above  entry 19  15  58 

5.  Succession  of  presiding  offickhs  to  officb  of  Governor,  in  case  of 

VACANCY : 

In  case  of  a  vacancy  in  the  office  of  Governor,  President  of  the 
Senate  to  perform  the  duties  and  exercise  the  powers  of  Gov- 
ernor   5  18  13 

In  case  of  the  death,  conviction  on  impeachment,  failure  to 
qualify,  resignation,  absence  from  the  State,  or  other  disa- 
bility, of  the  Governor,  the  powers,  duties,  and  emoluments, 
of  the  office,  for  the  remainder  of  the  term,  or  until  the  dis- 
ability be  removed,  or  a  Governor  elected,  to  devolve  upon 

and  accrue  to  the  President  of  the  Senate 6  12  18 

In  case  of  impeachment,  removal,  refusal  to  qualify,  resigna- 
tion, death,  or  absence  from  the  State,  of  President  of  the 

Senate,  during  vacancy  in  the  office  of  Governor,  Speaker  of 

the  House  of  Representatives  to  administer  the  government  in 

like  manner  as  provided  for  President  of  the  Senate 6  13  18 

In  case  of  vacancy  in  office  of  Governor,  not  happening  within 

twelve  months  next  before   expiration  of  term  of  office  for 

which  the  late  Governor  shall  have  been  elected.  President  of 

Senate,  or   Speaker  of  House  of  Representatives,  exercising 

thepowersof  Governor  for  the  time  being,  to  cause  an  election 

to  be  held,  to  fill  the  vacancy 6  14  18 

6.  First  session  after  adoption  of  Constitution  : 

First  election  of  Senators  and  Representatives  to' the  General 

Assembly,  after  adoption  of  Constitution Sc    3,16,17,19       61,64,65 

Returns   and   certificates   of  first   election  for   Senators    and 

Representatives,  after  adoption  of  Constitution Sc       16,17,19  64,  65 


(9)  INDEX  TO  CONSTITUTION. 


Sbc. 


General  Assembly  (continued.) 

State  Board  of  Supervisors  of  Election  under  Schedule,  to  make 

out,  certify,  and  deliver  to  the  Speaker  of  the  House  of  Rep- 
resentatives, an  abstract  of  all  votes  cast,  at  the  election,  for 

any  and  all  persons,  for  the  office  of  Governor,  Secretary  of 

State,  Treasurer  of  State,  Auditor  of  State,  Attorney  General, 

and  Commissioner  of  State  Lands So  17  65 

Speaker  to  cast  up  the  votes  and  announce  the  names  of  the 

persons  elected,  at  election  under  Schedule,  for  offices  named 

in  the  above  entjy Sc  17  65 

First  session  under   this   Constitution,  to    commence  on    the 

first  Tuesday  after  the  second  Monday  in  1874 Sc  22  66 

DUTIES    OBLIGATORY.* 

1.  General  Provisions  : 

[  For  obligations  binding  on  the  Government,  to  protect  the 
fundamental  rights  andiprivileges  of  the  citizen,  see  Art.  II 
of  the  Constitution,  (Declaration  of  Rights)  passim.] 

2.  Duties  OBLIGATORY  UPON  THE  Senate,  only. 

a.  In  matter  of  procedure : 

Senate,  whenever,  at  the  close  of  any  session,  it  may  appear 
that  the  term  of  the  member  elected  President  of  the  Senate 
will  expire  before  the  next  regular  session,  to  elect  another 
President  from  those  members  whose  terms  of  office  con- 
tinue over 5  18  13 

b.  In  matters  special: 

The  Senators,  at  the  first  session  of  the  Senate,  to  divide  them- 
selves into  two  classes,  by  lot— the  first  class  to  hold  their 
places  for  two  years  only ;  after  which,  all  to  be  elected  for 
four  years 5  3  10 

All  impeachments  to  be  tried  by  the  Senate 15  2  45 

In  trials  of  impeachments,  if  the  Chief  Justice  be  impeached,  or 
otherwise  disqualified,  the  Senate  to  select  a  presiding  officer..  15  2  45 

(Procedure  in  trials  of  impeachment) 15  2  45 

3.  Upon  each  house,  acting  in  its  separate  capacity  : 
a.  In  matter  of  procedure : 

Each  house : 

to  appoint  its  own  officers 5  11  U 

to  act  as  sole  judge  of  the  qualifications,  returns,  and  elections, 

of  its  own  members 5  11  11 

to  keep  a  journal  of  its  proceedings 5  12  12 

to  cause  to  be  entered  on  the  journals  of  its  proceedings,  at  the 

desire  of  any  five  members,  the  yeas  and  nays  on  any  ques- 
tion   5  12  12 

to  hold  its  sessions,  and  those  of  its  committees  of  the  whole, 

open,  unless  when  the  business  is  such  as  ought  to  be  kept 

secret 5  13  12 

to   elect  from   its  members,  at  the  beginning  of  every  regular 

session,    and   whenever  a  vacancy  may  occur,    a   presiding 

officer 5  18  13 

to  cause  every  bill  to  be  read,  at  length,  on    three  different 

days,  unless   the    rules    be  suspended  by  two-thirds  of  the 

house,  when  the  same  may  be  read  a  second  or  third  time  on 

the  same  day 5  22  33 

to  cause  the  vote  on  the  final  passage  of  every  bill  to  be  taken 

by  yeas  and  nays 5  22  13 

to  cause  the  names  of  the  persons  voting  for  and  against  every 

bill,  on  its  final  passage,  to  bo  entered  on  its  journal 5  22  13 

For  convenience  of  reference,  the  duties  obligatory  upon 
the  two  houses  in  the  matter  of  submission  of  bills,  etc., 
to  the  Governor,  for  his  approval,  and  of  reconsideration 
of  such  bills,  etc.,  in  case  of  his  disapproval,  are  collated 

*  In  making  the  division  between  "  duties  obligatory  "  and  "powers  discretionary,"  the  word  "may," 
— except  in  one  or  two  instances  where  the  context  renders  it  beyond  question  that  the  provision  is  man- 
datory in  its  nature,— has,  for  the  purposes  of  this  digest,  been  treated  as  conveying  a  discretionary 
power,  only.  The  decision  of  its  import  in  each  case,  rests,  of  course,  with  the  Legislature  and  the 
courts. 


INDEX  TO  CONSTITUTION.  (10) 

Art.  Skc.         Page. 

General  Assembly— Dwties  Obligatory  (continued.) 

under  sub-head  4  (*'  Upon  the  Oeneral  Assembly,  acting," 
etc.),  below. 
Whenever  an  officer,  civil  or  military,  shall  be  appointed  by  the 
joint  or  concurrent  vote  of  both  houses,  tho  vote  to  be  taken 

viva  voce,  and  entered  on  the  journals 5  14  12 

See,  also 3  12  9 

b.  In  matters  special : 

to  publish,  from  time -to  time,  the  journal  of  its  proceed- 
ings   5  12  12 

to  enter  upon  its  journals,  with  the  yeas  and  nays,  proposed 
amendments  to  the  Constitution,  which  may  have  been  agreed 
to  by  a  majority  of  all  the  members  elected  to  each   house 19  22  59 

4.  Upon  the  two  houses,  acting  in  joint  session  : 

Whenever  an  officer,  civil  or  military,  shall  be  appointed  by  the 
joint  or  concurrent  vote  of  both  houses,  or  by  the  separate 
vote  of  either  house,  the  vote  to  be  taken  viva  vooe,  and  en- 
tered on  the  journals 5  14  12 

See,  also .'. 3  12  9 

Speaker  of  the  House  of  Representatives,  during  the  first  week 
of  the  session,  to  open  and  publish,  in  the  presence  of  both 
houses,  the  votes  cast  and  given  for  Governor,  Secretary  of 
State,  Treasurer  of  State,  Auditor  of  State,  and  Attorney- 
General,  respectively 6  3  17 

Upon  the  publication  of  the  votes  for  Governor,  Secretary, 
Treasurer,  Auditor,  and  Attorney-General,  respectively,  the 
person  havinj  the  highest  number  of  votes  for  each  of  the 
respective  offices,  to  be  declared  duly  elected  thereto 6  2  17 

If  two  or  more  persons  shall  be  equal  and  highest  in  votes  for 
office  of  Governor,  Secretary,  Treasurer,  Auditor,  or  Attor- 
ney-General, respectively,  one  of  them  to  be  chosen  by  the 
joint  vote  of  both  houses,  and  a  majority  of  all  the  members 
elected  to  be  necessary  to  a  choice 6  3  17 

Contested  elections  for  Governor,  Secretary  of  State,  Treas- 
urer of  State,  Auditor  of  State,  and  Attorney-General,  to  bo 
determined  by  themembers  of  both  houses  in  joint  session;  who 
shall  have  exclusive  jurisdiction  in  trying  and  determining 
the  same,  except  as  thereafter  in  the  Constitution  provided  in 
the  case  of  special  elections  [  being  the  ca^e  of  special  elec- 
tions to  fill  vacancies  in  the  office  of  Governor— See  Art.  VI, 
Sec,  14.   p.  18] 6  4  17 

Contested  elections  for  Governor,  Secretary  of  State,  Treas- 
urer of  State,  Auditor  of  State,  and  Attorney-General,  to  bo 
determined  at  the  first  session  of  the  General  Assembly  after 
the  election  in  which  the  same  shall  have  arisen 6  4  17 

5.  Upon  the  General  Assembly,  acting  in  the  exercise  op  its  ordina- 

ry CAPACITY  of  legislation  : 
a.  In  matter  of  procedure : 

First  session,  under  this  Constitution,  to  commence  on  tho 
first  Tuesday  after  the  second  Monday  in  November,  1874 Sc  22  66 

to  meet  at  the  seat  of  government,  every  two  years,  on  the  first 
Tuesday  after  the  second  Monday  in  November,  until  said 
time  be  altered  by  law 5  5  10 

In  reviving,  amending,  or  extending  or  conferring,  the  pro- 
visions of  any  law,  to  re-enact,  and  publish  at  length,  so 
much  thereof  as  is  revived,  amended,  extended,  or  con- 
ferred   5  23  14 

to  cause  to  be  presented  to  the  Governor,  for  his  approval, 
every  bill  which  shall  have  passed  both  houses 6  15  19 

House  to  which  the  Governor  shall  return  a  bill,  with  his  objec- 
tions (this  being,  in  all  cases,  the  house  in  which  "the  bill 
originated) ,  to  enter  the  objections  at  large  upon  their  journal, 
and  proceed  to  reconsider  the  bill 6  15  19 

If,  after  reconsideration  of  a  bill  returned,  by  the  Governor, 
with  his  objections,  a  majority  of  the  number  elected  to  that 
house  shall  agree  to  pass  the  bill,  the  bill  to  be  sent,  with  tho 
objections,  to  the  other  house 6  15  19 

House  to  which  a  bill,  returned,  by  the  Governor,  shall,  after 
reconsideration  and  approval  by  the  house  in  which  it  origi- 
nated, be  transmitted,  together  with'''the  Governor's  'objec- 
tions, to  proceed  to  reconsider  th«  same ". 6  15  19 


(11)  INDEX  TO  CONSTITUTION. 


Art.  Sec.        Paoi 


Gkkbral  Assembly— J9u«te«  Obligatory  (continued.) 

In  reconsideration  of  bills,  etc,  returned,  by  the  Governor, 
disapproved,  the  votes  of  both'  houses  to  be  determined  by 
yeas  and  nays,    and   the   names   of  members  voting   for  or 

against  the  bill,  to  be  entered  on  the  journals 6  1 

to  cause  to  be  presented  to  the  Governor,  for  his  approval, 
every  order  or  resolution  in  which  the  concurrence  of  both 
houses  may  be  necessary,  except  on  questions  of  adjourn- 
ment   g  J, 

Joint  or  concurrent  orders  and  resolutions,  being  disapproved 
by  the  Governor,  to  be  repassed  by  both  houses  [if  repassed], 
according  to  the  rules  and  limitations  prescribed  in  the  case  of 

a  bill...-. 5  J, 

Item  or  items,  disapproved  by  the  Governor,  of  bills  making 
appropriations  of  money,  embracing  distinct  items,  to  be  re- 
passed [if  repassed]  according  to  the  rules  and  limitations 
prescribed  for  the  passage  of  other  bills  over  the  executive 

veto g  Y 

b.  In  matters  of  legislation  generally : 
(Actions,  Civil:) 

to  prescribe  for  whose  benefit  actions  for  damages  to  be  recov- 
ered for  injuries  resulting  in  death,  shall  be  prosecuted 5  gj 

to  provide,  at  next  session  after  adoption  of  Constitution, manner 
in  which  all  suits  and  proceedings  relating  to  sixteenth  section 
lands,  or  to  money  due  for  such  lands,  shall  be  transferred    to 

the  respective  counties  where  such  lands  are  located 7  44 

{Apportionment :) 

After  the  enumeration  of  the  inhabitants  shall  be  taken  by  the 
U.  S.  Government,  A.  D,  1880,  the  ratio  of  representation  in 
the  House  of  Representatives  to  be  increased,  as  in  the  Consti- 
tution, after  Art.  VIII,  Sec.  1,  provided  [see  second  entry  be- 
low], so  that  the  Representatives  shall  never  exceed  the  num- 
ber of  one  hundred  (the  House,  however,  never  to  consist  of 
less  than  seventy-three  members,  and  each  county  organized 
at  date  of  adoption  of  Constitution  to  be  always  entitled  to 
one  Representative,  the  remainder  to  be  apportioned  among 
the  several  counties  according  to  the  number   of  adult   male 

inhabitants) g  2 

After  the  U.  S.  census  of  1880,  to  divide  the  State,  from  time  to 
time,  into  convenient  Senatorial  districts,  in  such  manner 
that  the  Senate  shall  be  based  upon  the  adult  male  inhabi- 
tants of  the  State;  each  Senator  representing  an  equal  num- 
ber as  near  as  practicable g  2 

At  the  first  regular  session  after  each  enumeration  of  the  inhabi- 
tants of  the  State,  by  the  Federal  or  State  government,  shall 
have  been  ascertained  (and  at  no  other  time) ,  to  make  the  di- 
vision of  the  State  into  Senatorial  districts,  and  apportion- 
ment of  the  Representatives  to  the  several  counties 8  •   4 

(Compensation  of  public  officers:) 

to  ascertain,  by  law,  the  compensation  of  Supreme  Judges,  for 

their  services 7  jq 

to  ascertain ,  by  law,  the  compensation  of  Judges   of  Circuit 

Courts,  for  their  services 7  jg 

to  fix  the  salaries  and  fees  of  all  oflScers  of  the  State 16  4 

to  fix,  bylaw,  the  number  and  salaries  of  clerks  and   employes 

of  the  different  departments  of  the  State 16  4 

to  regulate,  by  law,  in  what  cases,  and  what,  deductions  from 
the  salaries  of  public  officers,  shall  be  made  for  neglect  of 

duty  in  their  official  capacity I9  g 

to  establish  the  salary  of  Governor,  Secretary  of  State.^Audi- 
tor.  Treasurer,  Attorney  General,  Judges  of  the  Supreme 
Court,  Judges  of  the  Circuit  Court,  Commissioner  of  State 
Lands^,  and  Prosecuting  Attorneys ;  not  to  be  increased 
or  diminished  during  their  respective  terms,  and  never  to 
exceed  the  sums,  per   annum,    respectively,    fixed  by   Art. 

XIX.  Sec.  11  (p.  57) 19  jj 

to  direct,  by  appropriate  legislation,  the  manner  in  which  all 
salary,  fees,  and  perquisites,  of  officers  of  the  State,  and  of 
counties,  cities,  and  towns,  in  excess  of  five  thousand  dol- 
lars, net  profit,  per  annum,  in  par  funds,  shall  be  paid,into 
the  State,  county,  city,  or  town  treasury 19  23 


INDEX  TO  CONSTITUTION.  (12) 

Art,  Sec.        Page. 

General  Assembly— 2>Mtte8  Obligatory,  (continued.) 
{OorporatioTia :) 

to  restrict  the  powers  of  cities  and  incorporated  towns,  in  the 
matter  of  taxation,  assessment,  borrowing  money,  and  con- 
tracting debts,  so  as  to  prevent  the  abuse  of  such  power 12  3  41 

to  pass  laws  to  correct  abuses  and  prevent  unjust  discrimina- 
tion and  excessive  charges,  by  railroad,  canal,  and  turnpike 
companies,  for  transporting  freight  and  passengers,  and  to 
provide  for  enforcing  such  laws  by  adequate  penalties  and  for- 
feitures   17  10  50 

to,  pass  laws'enforcing,  by  suitable  penalties,  the  provisions  of 
Sec.  13  of  Art.  XVII  (providing  that  the  directors  of  every 
railroad  corporation  shall  annually  make  a  report,  as  pre- 
scribed by  law,  under  oath,  to  the;  Auditor  of  Public  Ac- 
counts, of  all  their  acts  and  doings) 17  13  50 

to  provide,  by  general  laws,  for  the  organization  of  cities  (which 
may  be  classified)  and  incorporated  towns,  and  to  restrict 
their  powers  of  taxation,  assessment,  borrowing  money,  and  ' 

contracting  debts,  solas  to  prevent  the  abuse  of  such  power*...  12  3  41 

(Finance  and  Taxation:) 

tolprescribe,  by  law,  the  manner  .in  which  county  taxes  shall 

be  !levied,  and  appropriations  for  county  expenses  made,  by 

the  Quorum  of  the  County 17  30  27 

to  provide,  by  general  laws,  for  the  organization  of  cities  (which 

may  be  classified)  and  incorporated  towns,    and  to  restrict 

their  powers  of  taxation,  assessment,  borrowing  money,  and 

contracting  debts,  so  as  to  prevent  the  abuse  of  such  power*...  12  3  40 

to  restrict  the  powers  of  cities  and  incorporated  towns,  in  the 

matter  of  taxation,  assessment,  borrowing  money,  and  con- 
tracting debts,  so  as  to  prevent  the  abuse  of  such  power 12  3  40 

to  prescribe  manner  of  publication,  from  time  to  time,  of  an 

accurate  and  detailed  statement  of  the  receipts  and  expendi- 
tures of  the   public   money,  the  several  amounts  paid,    to 

whom,  and  on  what  account 19  12  57 

to  provide,  by  general  laws,  for  the  support  of  common  schools, 

by  taxes,  which  shall  never  exceed  in  any  one  year  two  mills 

on  the  dollar  on  the  taxable  property  of  the  State,   and  by   an 

annual  per  capita  tax  of  one  dollar,  to  be   assessed  on    every 

male  inhabitant  of  the  State  over  the  ate  of  twenty-one  years  14  3  44 

to  provide,  from  time  to  time,  for  the  payment  of  all  just  and 

legal  debts   of  the  State 16  2  46 

(by  implication)  to  provide  for  the  taxation,   according  to   its 

value,  of  all  property  subject  to    taxation 16  5  46 

to  direct  the   manner  in  which  the  taxable  property   of  the 

Statelshall  belascertained,  making  such  valuation  equal  and 

uniform  throughout  the:  State 16  5  46 

Every  law  imposing  a  tax  to  state  distinctly  the  object  of  the 

same 16  11  4T 

{Penal  enactments :) 

Part  of  the  punishment  to  be  provided  for  any  oflScer  of  the 
State,  or  member  or  officer  of  the  General  Assembly,  making 
profit  outlof  public  moneys,  or  using  the  same  for  any  ptirpose 
notiauthorized  bylaw,  to  be,  disqualification  to  hold  office  in 
this  State  for  a  period  of  five  years 16  3  4% 

to  pass  laws  to  correct  abuses  and  prevent  unjust  discrimina- 
tion and  excessive  charges,  by  railroad,  canal,  and  turnpike 
companies,  for  transporting  freight  and  passengers,  and  to 
provide  forjenforcing  such. lawsibyjadequate  penalties  and  for- 
feitures   17  10  50 

to  pass  laws  enforcing,  by  suitable  penalties,  the  provisions  of 
Sec.  13  of  Art.  XVII    (providing  that  the  directors  of  every 
railroad  corporation  shall  annually  make  a  report,  as  pre- 
scribed by  law,  under^oath,  to  the  Auditor  of  P  ublic  Accounts,  • 
of  all  their  acts  and  doings) 17                13  51 


*  For  constitutional  restrictions  of  powers  of  municipal  corporations,  gee  Art.  XII,  Sees.  4,5,   and  9, 
pp.  41,  42. 


14 


(13)  INDEX  TO  CONSTITUTION. 

Art.  Sko. 

Gbneeal  Assembly— Dwh"e«  Obligatory  (continued.) 

by  suitable  enactments,  to  require  such  appliances  and  means 
to  be  provided  and  used,  as  may  be  necessary  to  secure,  as 
far  as  possible,  the  lives,  health,  and  Safety,  of  persons  em- 
ployed in  mining,  and  of  persons  travelling  upon  railroads 
and  by  other  public  conveyances,  and  to  provide  for  enforcing 

such  enactments  by  adequate  pains  and  penalties 19  18 

iSchooU.) 

The  State  ever  to  maintain  a  general,  suitable,  and.efBoient 
system  of  free  schools,  whereby  all  persons  in  the  State,  be- 
tween the  ages  of  six  and  twenty-one  years,  may  receive  gra- 
tuitous instruction li  1 

to  provide,  by  general  laws,  for  the  support  of  common  schools, 
by  taxes,  which  shall  never  exceed,  in  any  one  year,  two  mills 
on  the  dollar  on  the  taxable  property  of  the  State,  and  by  an 
annual  per  capita  tax  of  one  dollar,  to  be  assessed  on  every 
male   inhabitant   of  the  State,  over  the   age   of  twenty-one 

years 14  3 

,  to   provide   for  officers  in  whom  shall  be  vested  the  supervision 

of  public  schools,  and  to  whom  shall  be  confided  the  execution 

ofthe  laws  regulating  the  same* 14  4 

(Miscellaneous ;) 

to  enact  suitable  laws  to  protect  every  religious  denomination 
in  the  peaceable  enjoyment  of  its  own  mode  of  public  wor- 
ship   2  25 

(by  intendment)  to  provide  the  manner  in  which  notice  of  in- 
tention to  apply  for  local  and  special  bills  shall  be  published, 
in  the  locality  where  the  matter  or  thing  to  bo  affected  may  be 
situated 

to  regulate.by  law,  the  manner  of  compelling  attendance  of  Quo- 
rum of  the  County 

to  provide  the  time  and  mode  of  scheduling  the  separate 
personal  property  of  married   women 

to  pass  such  laws  as  will  foster  and  aid  the  agricultural,  mining, 
and  manufacturing  interests  of  the  State 

to  prevent,  by  law,  the  granting  of  free  passes  by  any  railroad 
or  transportation  company,  to  any  officer  of  this  State,  legis- 
lative, executive,  or  judicial 

to  prohibit,  by  law,  all  contracts  for  a  greater  rate  of  interest 
than  ten  per  centum  per  annum 

to  prescribe,  by  law,  the  maximum  price  below  which,  and 
regulations  under  which,  there  shall  be  given  to  the  lowest 
responsible  bidder,  contracts  for  the  furnishing  of  stationery, 
printing,  paper,  fuel,  for  the  use  of  the  General  Assembly 
and  other  departments  of  government,  for  the  printing,  bind- 
ing, and  distributing,  the  laws,  journals,  department  re- 
ports, and  all  other  printing  and  binding,  and  for  the  repair- 
ing and  furnishing  the  halls  and  room?  used  for  the  meetings 

of  the  General  Assembly  and  its  committees 10  15  57 

See,  also,  for  further  regulations  respecting  such  contracts..  19  15  58 

by  suitable  enactments,  to  require  such  appliances  and  means 
to  be  provided  and  used,  as  may  be  necessary  to  secure,  as 
far  as  possible,  the  lives,  health,  and  safety,  of  persons  em- 
ployed in  mining,  and  of  persons  travelling  upon  railroads, 
and  by  other  public  conveyances,  and  to  provide  for  enforc- 
ing such  enactments  by  adequate  pains  and  penalties 19  18 

to  provide,  by  law,  for  the  support  of  institutions  for  the  edu- 
cation of  the  deaf  and  dumb,  and  of  the  blind,  and  also  for  the 
treatment  of  the  insane „ 19  '  19 

to  provide,    by  law,  the  mode  of  contesting  elections  in  eases 

not  specifically  provided  for  in  the  Constitution 19  24 

c.  In  matters  special : 

to  cause  to  be  published  in  at  least  one  newspaper  in  each 
county,  where  a  newspaper  is  published,  for  six  months 
immediately  preceding  the  next  general  election  for   Sena- 


*Though  the  word  "may,"  only,  is  employed,  in  the  Constitution,  in  the  conferment  of  this  power,  its 
exercise  is  so  obviously  indispensable  to  the  execution  of  the  imperative  mandate  of  Section  1,  that  it  hat 
been  classed  among  "duties  obligatory." 


7 

30 

27 

9 

8 

39 

10 

1 

39 

17 

7 

SO 

19 

13 

57 

INDEX  TO  'CONSTITUTION.  (14) 


General  Assembly—  Duties  Obligatory  (continued.) 

tors  and  Representatives,  proposed  amendments  to  the  Con- 
stitution (not  more  than  three  at  the  same  time),  which 
may  have  been   agreed  to  by  a  majority  of  all  the  members 

elected  to  each  house 

Submission,  to  the  people,  of  proposed  amendments  to  the  Con- 
stitution  


POWERS  DISCREaaONARY.* 


Art.  Sec.        Page. 


1.  General  Provisions  : 

General  legislative  power  of  the  State  vested  in  a  General  As- 
semblyt 5  1  10 

2.  DiSORETIOKAKY  POWERS  VESTED  IN  THE  SeNATB,  ALONB  : 

Advice  and  consent  of  the  Senate  requisite  to  grant  of  reprieves 

and  pardons,  in  cases  of  treason 6  IS  20 

Advice  and  consent  of  the  Senate  requisite  to  appointment  of 

State  Geologist  (when  the  oflBce  shall  have  been  created) 10  2  40 

Powers  and  duties  of  the  Senate  in  trials  of  impeachments  15  1,2  45 

3.  In  the  House  of  Representatives,  alone  : 

House  of  Representatives  to  have  the  sole  power  of  impeachment  15  2  45 

t                Governor,  and  all  State   oflSeers,  Judges  of  the   Supreme    and 
m               Circuit  Courts,  Chancellors,  and  Prosecuting  Attorneys,   lia- 
B               ble  to  impeachment  for  high  crimes  and  misdemeanors,    and 
gross  misconduct  in  ofl5ce 15  1  45 

4.  In  each  house,  acting  in  its  separate  capacity  : 

A  smaller  number,  of  either  house,  than  a  quorum,  may  adjourn 

from  day  to  day 5  11  11 

A  smaller  number,  of  eitherhouse,  than  a  quorum,  may  compel 

the  attendance  of  absent  members,  in  such  manner  and  under 

such  penalties  as  such  house  shall  provide 5  11  11 

Each  house  has  power: 

to  determine  the  rules  of  its  proceedings 5  12  11 

to  punish  its  members,  or  other  persons,  for  contempt  or  dis- 
orderly behavior  in  its  presence 5  12  11 

to  enforce  obedience  to  its  process 5  12  11 

to  protect  its  members  against  violence,  or  offers  of  bribes,  or 
private  solicitations '■ 5  12  11 

with  the  concurrence  of  two-thirds,  to  expel  a  member  (but  not 
a  second  time  for  the  same  cause) 5  12  11 

(by  intendment)  to  hold  secret  sessions  of  the  house  itself,  or  of 
its  committee  of  the  whole,  when  the  business  is  such  as  ought 
to  be  kept  secret 5  13  12 

by  vote  of  two-thirds,  to  suspend  the  rules  so  as  to  have  a  bill 
read  a  second  or  third  time  on  the  same  day 5  22  13 

(  by  implication )  to  withhold  from  publication  such  parts  of 
the  journal  of  its  proceedings,  as  require  secrecy 5  12  12 

(by  intendment)  to  require  the  Secretary  of  State  to  lay  be- 
fore it  his  record  of  all  the  official  acts  and  proceedings  of  the 
GokV^rnor,  with  all  papers,  minutes,  and  vouchers,  relating 
thereto 6  21  21 


*  In  making  the  division  between  "  powers  discretionary  "  and  "duties  obligatory,"  the  word 
"  may,"— except  in  one  or  two  instances  where  the  context  renders  it  beyond  question  that  the  pro- 
vision is  mandatory  in  its  nature,— has,  for  the  purposes  of  this  digest,  been  treated  as  conveying  a  dis- 
otetionary  power,  only.  The  decision  of  its  import  in  each  case,  rests,  of  course,  with  the  Legislature 
:ind  the  courts. 

tit  follows,  from  the  grant,  to  the  General  Assembly,  of  the  general  legislative  authority,  that  its 
powers  of  legislation  are  absolute  and  unqualified,  except  as  they  may  be  modified  or  controlled  by  the 
l)rohibitions,  express  or  implied,  of  the  Constitution  of  the  State,  or  that  of  the  United  States.  (  For 
the  specific  prohibitions  imposed  upon  tha  several  States  by  the  Constitution  of  the  United  States,  see 
loot-note  to  Powers  Denied,  below.) 

The  special  grants  of  discretionary  powers,  therefore,  contained  in  the  Constitution  of  th3  State,  are  of 
two  classes;  first,  those  forming  exceptions  to  general  constitutional  prohibitions,  and,  second  (and 
these  make  up  the  bulk  of  such  provisions ),  those  to  be  considered  merely  as  inviting  the  particular  at- 
ten^on  of  the  Legislature  to  the  subject  of  the  grant. 


(15)  INDEX  TO  CONSTITQTION. 


Gknbeal  AsSKUBhY—Potoen' Discretionarv  (continued.) 

at     a     regular     session    thereof,  to  propose   amendments    to 
the   Constitution    (but  no    more  than   three     at   the   same 

time) 

5.  In  THB  General  Assembly,  acting  in  the  exkecise  op  its  ordinary 
CAPACITY  OP  legislation  : 
a.  In  matter  of  procedure: 

(by  implication)  may,  by  general  law,  alter  the  time  prescribed, 
by  the  Constitution,  for  regular  meetings  of  the  General  As- 


Sec.        Page. 


may,  by  a  vote  of  two-thirds  of  the  members  elected  to  each 
house,  extend  the  regular  biennial  session  beyond  sixty  days' 

duration 

may,  at  the  first  session  under  this  Constitution,  and  when  im- 
peachments are  pending,  extend  the  regular  biennial  ses- 
sion beyond  sixty  days,  without  vote  of  two-thirds  of  the 
members     elected  to   each    house    (as     required   in    other 

cases) 

at  extraordinary  sessions,  after  disposition  'of  the  business  set 
forth  in  the  proclamation  of  the  Governor,  may,  by  a  vote  of 
two-thirds  of  all  the  members  elected  to  both  houses,  entered 
upon  their  journals,  remain  in  session  not  exceeding  fifteen 

days 

Governor  may,  by  proclamation  on  extraordinary  occa- 
sions, convene  the  General  Assembly  at  the  seat  of  govern- 
ment, or  at  a  different  place,  if  that  shall  have  become,  since 
their  last  adjournment,  dangerous,  from  an  enemy  or  conta- 
gious disease  ( the  purpose  for  which  they  are  convened,  to 
be  specified  in  his  proclamation,  and  no  other  business  than 
that  set  forth  therein,  to  be  transacted,  until  the  same  shall 

have  been  disposed  of) 

In  cases  of  disagreement  between  the  two  houses,  at  a  regular 
or  special  session,  with  respect  to  th«  time  of  adjournment. 
Governor  may,  if  the  facts  be  certified  to  him  by  the  presiding 
oflScers  of  the  two  houses,  adjourn  them  to  a  time  not  beyond 
the  d»ff  of  their  next  meeting,  and,  on  account  of  danger  from 
an  enemy  or  disease,  to  such  other  place  of  safety  as  he  may 

think  proper 

may,  after  reconsideration  of  bill  returned,  by  the  Governor, 
with  his  objections,  in  manner  prescribed  and  by  vote  of  a 

majority  of  both  houses,  repass  the  bill 

may,  according  to  the  rules  and  limitations  presofibed  in  the 
case  of  a  bill,  repass  joint  or  concurrent  orders  or  resolutions 

disaprproved  by  the  Governor 

may.  according  to  the  rules  and  limitations  prescribed  for  the 
passage  of  other  bills  over  the  executive  veto,  repass  item  or 

items,  diaapproved  by  the  Governor,  of  appropriation  bills 

See  under  sub-head  of  Vetoes,  special  paging  (6.) 
.  In  matters  of  legislation  generally  : 
( General  provisions :) 

All  laws  in  force  at  date  of  Constitution,  which  are  not  in  con- 
flict or  inconsistent  with  this  Constitution, to  continue  in  force 

until  amended  or  repealed  by  the  General  Assembly 

(by  implication)  may  suspend  or  set  aside  the  law  or  laws  of  the 

State 

(by  implication)  may,  by  general  law,  suspend  the  operation  of 
general  laws,  in  cases  where  the  courts  have  no  jurisdiction  to 

grant  the  powers,  or  the  privileges,  or  the  relief,  asked  for 

(by  implication)  may  (under  the  restrictions  imposed  by  the 
Constitution,  for  which  sqq  Special  legislation,  in  the  General 
Index)  enact  special  laws,  in  cases  where  a  general  law  can- 
not be  made  applicable 

{Appropriations  and  claims :) 

cigthed  with  sole  power  to  make  appropriations  of  money,  to  be 

paid  out  of  the  treasury 

may,  by  bill  passed  by  two-thirds  of  the  members  elected  to  each 
branch,  appropriate  money  on  claims,  the  subject-matter  of 
which  shall  not  have  been  provided  for  by  pre-existing  law8„... 
{Compensation  of  public  officers:) 

may  fix,  by  law,  the  per  diem  pay, 'and  mileage,  to  be  received 
by  members,  for  their  services,  after  expiration  of  two  years 


»' 


INDEX  TO  CONSTITUTION.  (16) 

Art.  Sec.  Page. 

General  Assemblt — Powert  Discretionary  (continued.) 

from  the  adoption  of  this  Constitution;  Provided,  that  no  mem-  n 
her  of  either  house  shall,  during  the  term  for  which  he  has 
been  elected,  receive  any  increase  of  pay  for  his  services  under 
any  law  passed  during  such  term;  and  Provided  further,  that  it 
shall  provide  for  no  increase  of  salaries  of  its  members,  which 
shall  take  eflPect  before  the  meeting  of  the  next  General  Assem- 
bly           5.I9.S0       16.11,28       12.57,6? 

may,  by  bill  passed  by  two-thirds  of  the  members  elected  to  each 
branch,  allow  extra  compensation  to  oflScers,  [agents,  em- 
ployes, or  contractors,  after  the  service  shall  have  been  ren- 
dered, or  the  contract  made 6  27  14 

(by  implication)  may,  during  the  existence  of  the  first  General 
Assembly  after  the  adoption  of  the  Con«titution,  diminish  the 
compensation  of  Supreme  Judges 7  10  24 

(by  implication)  may,  during  the  existence  of  the  first  General 
Assembly  after  the  adoption  of  the  Constitution,  diminish  the 
compensation  of  Judges  of  the  Circuit  Courts 7  18  25 

(by  intendment)  may  provide,  by  law,  the  compensation  of  the 
County  Judge  for  his  services  as  presiding  Judge  of  the  Coun- 
ty Court,  as  Judge  of  the  Court  of  Probate,  and  Judge  of  the 
Court  of  Common  Pleas,  when  established 7  37  28 

(by  implication)  may,  by  law,  after  two  years  from  the  adoption 
of  the  Constitution,  increase  (within  the  maximum  limit  pre- 
scribed by  Art.  XIX,  Sec.  11,  p.  56),  or  diminish,  the  salaries 
of  State  officers,  and  the  per  diem  and  mileage  of  members  of 
General  Assembly,  as  provided  in  Section  28  of  the  Schedule..  Sc  28  67 

(Contracts  •) 

may,  by  bill  passed  by  two-thirds  of  the  members  elected  to  each 
branch,  allow  extra  compensation  to  officers,  agents,  em- 
ployes, or  contractors,  after  the  service  shall  have  been  ren- 
dered, or  the  contract  made 5  27  14 

(by  intendment)  may  provide  regulations  under  which  there 
shall  be  given  to  the  lowest  responsible  bidder,  contracts  for 
erecting  or  repairing  public  buildings  or  bridges  in  any  county, 
or  for  materials  therefor,  or  for  providing  for  the  care  and 
keeping  of  paupers,  where  there  are  no  almshouses 19  16  58 

(by  implication)  may  provide  for  distinction  between  sealed  and 
unsealed  instruments,  concerning  contracts  between  indi- 
viduals, executed  since  the  adoption  of  the  Constitution  of 
1868;  Provided,  that  the  statutes  of  limitation  with  regard  to 
sealed  and  unsealed  instr^nents,  in  force  at  that  time,  con- 
tinue to  apply  to  all  instruments  afterwards  executed,  until 
altered  or  repealed Sc  1  60 

{Corporations :) 

may  form  corporations  under  general  laws;  which  laws  may. 
from  time  to  time,  be  altered  or  repealed 12  6  42 

(by  intendment)  may  pass  special  acts  conferring  corporate 
powers,  for  charitable,  educational,  penal,  or  reformatory 
purposes,  where  the  corporations  are  to  be  and  remain  under 
the  patronage  and  control  of  the  State 12  2  41 

may  alter, revoke, or  annul, any  charter  of  incorporation  now  ex- 
isting, revocable  at  the  adoption  of  the  Constitution,  or  any 
that  may  hereafter  be  created,  whenever,  in  their  opinion,  it 
may  be  injurious  to  the  citizens  of  thig  State;  in  such  manner, 
however,  that  no  injustice  shall  be  done  to  the  corporators...  12  6  42 

(by  intendment)  may  enact  general  laws  providing  for  the  in- 
crease of  the  stock  or  bonded  indebtedness  of  private 
corporations,  under  conditions  specified,  respecting  consent 
of  stockholders 12  8  42 

(by  intendment)  may  prescribe,  by  law,  the  manner  of  ascer- 
tainment (by  a  jury,  however, of  twelve  men, and  in  a  court  of 
competent  jurisdiction)  of  the  compensation  due  the  owner  for 
the  appropriation  of  property, or  right  of  way,  to  the  use  of  cor- 
porations   12  9  42 

may  authorize  foreign  corporations,  under  the  restrictions  im- 
posed byArt.  XII,  Sec.  11  (p.  42),  and  under  such  other  lim- 
itations and  restrictions  as  may  be  prescribed  by  law,  to  do 
business  in  this  State 12  11  42 


(17)  INDEX  TO  CONSTITUTION. 


Art.  Sec,  Page. 


Gkhsbil  Assbmblt— Power*  Discretionary  (continued.) 

( by  implicationi  may  remit  the  forfeiture  of  charters,  alter 
and  amend  the  same,  and  pass  general  and  special  laws  for 
the  benefit  of  the  corporations,  on  condition  that  such  corpo- 
rations shall  thereafter  hold  their  charters,  subject  to  the 
provisions  of  this  Constitution 17  9  50 

(  by  intendment )  may  take  the  property  and  franchises  of  in- 
corporated companies,  and  subject  them  to  public  use— the 
same   as   the   property    of    individuals 17  9  50 

(by  intendment)  may  proscribe  regulations  of  responsibility,  of 
all  railroads  which  are  now  or  may  be  hereafter  built  and 
operated,  either  in  whole  or  in  part,  in  this  State,  for  all  dam- 
ages to  persons  and  property 17  12  50 

(by  intendment)  may  prescribe,  by  law,  the  matters,  relating  to 
railroads,  required  to  be  included  in  annual  report  of  directors 
of  railroad  corporations  to  the  Auditor  of  public  accounts 17  13  51 

may  delegate  the  taxing  power,  with  tha  necesary  restrictions, 
to  the  State's  subordinate  political  and  municipal  corporations, 
to  the  extent  of  providing  for  their  existence,  maintenance, 
and  well-being  (but  no  further) 2  23  6 

may  authorize  assessments  on  real  property,  for  local  improve- 
ments, in  towns  and  cities,  under  such  regulations  as  may  be 
prescribed  by  law;  to  be  based  upon  the  consent  of  a  majority, 
in  value,  of  the  property-holders  owning  property  adjoining 
the  locality  to  be  afifected  (such  assessments  to  be  ad  valorem, 
and  uniform) 19  27  60 

(by  intendment)  may  authorize  counties,  cities,  towns,  or  other 
municipalities,  to  issue  interest -bearing  bonds,  to  provide 
for  and  secure  payment  of  the  indebtedness  existing  at  date  of 
adoption  of  Constitution lij  1  46 

(by  implication)  may  provide  for  the  assumption  or  payment 
of  debts  or  liabilities  of  counties,  towns,  cities,  or  other  cor- 
porations, in  case  such  debt  or  liability  shall  have  been  crea- 
ted to  repel  invasion,    suppress  insurrection,  or  to  provide  for 

the  public  welfare  and  defence 12  12  43 

may,  by  general  law,  designate  subordinate  municipal  or  local 
offices,  below  the  grade  of  city  or  county  officers,  to  which 
election  officers  may  be  eligible  at  an  election  at  which  they 
may  serve 3  10  9 

{Counties ;) 

(by  implication)  may  create  new  counties,  and  change  county- 
seats,  under  the  restrictions  imposed  by  Art.  XIII 13       1,2,3,4  43,44 

may  (in  exception  to  the  general  restriction)  reduce  the  coun- 
ties of  Lafayette.  Pope,  or  Johnson,  to  areas  of  less  than  six 
hundred  square  miles  each,  and  to  areas  containing  less  than 
five  thousand  inhabitants  each 13  1  43 

In  formation  of  new  couaties,  the  county-seat  may  be  located 
temporarily,  by  provisions  of  law 13  3  44 

County-seat  of  Lafayette  county  an  exception  to  the  rule  for- 
bidding that  the  line  of  any  new  county  shall  run  within  ten 
miles  of  the  county-seat  of  the  county  proposed  to  be  divided  13  4  44 

may  [for  the  peace  of  mankind]  give  to  Sebastian  county  two 
districts  and  two  county-seats,  at  which  County, Probate,  and 
Circuit  Courts,  shall  be  held  as  may  be  provided  bylaw;  each 
district  paying  its  own  expenses 13  5  44 

(Courts— their  Creation,  Constitution,  Abolition,  Terms,  and  Original 
Jurisdiction:) 

(by  intendment)  may  prescribe,  by  law,  the  terms  of  the  Su- 
preme Court 7  8  23 

when  the  population  of  the  State  shall  amount  to  one  million, 
may,  if  deemed  necessary,  incraase  the  number  of  Judges  of 
the  Supreme  Court  to  five 7  3  22 

(by  intendment)  may  prescribe,  by  law,  regulations  for  tempo- 
rary exchange  of  circuits  or  courts,  by  Judges  of  Circuit 
Courts 

(by  intendment)  may  prescribe,  by  law,  the  terms  of  County 
Courts 

(by  intendment)  may  change  the  arrangement,  by  the  Consti- 
tution provided,  of  judicial  circuits 


22 

26 

31 

28 

.. 

51 

18 

61 

7 

44 

30 

7 

.   44 

30 

7 

1.  15 

22.  24 

7 

34 

28 

7 

34 

28 

INDEX  TO  CONSTITUTION.  (18) 

Art.  Sec.  Page. 

Gkkbral  Asskmrlt— Power*  Discretionary  (continued.) 

(by  intendment)  may  change  tbe  terms  of  the  several  Circuit 
Courts,  from  the  respective  times  of  holding  prescribed  in  the 
Constitution 

(by  intendment)  may  abolish  the  Pulaski  Chancery  Court 

(by  intendment)  may  transfer  to  other  courts  the  business  pend- 
ing, at  the  date  of  adoption  of  the  Constitution,  in  the  Pulas- 
ki Chancery  Court 

See,  also.  Court,  Pulaski  Chancery. 

may,  when  deemed  expedient,  establish  Separate  Courts  of 
Chancery 

(by  intendment)  may  prescribe,  by  law,  the  exclusive  original 
jurisdiction  of  Courts  of  Probate,  in  matters  relative  to  the 
probate  of  wills,  the  estates  of  deceased  persons.. executors, 
guardians,  and  persons  of  unsound  mind,  and  their  estates 

(by  intendment)  may  prescribe,  bv  law,  the  regular  terms  of  the 
Courts  of  Probate 

may  authorize  the  Judge  of  the  County  Court  of  any  one  or  ^ 

more  counties  to  hold,  severally,  a  quarterly  Court  of  Common 
Pleas  in  their  respective  counties,  and  may  vest,  in  such 
court,  such  jurisdiction,  in  matters  of  contract  and  other  civil 
matters,  not  involving  title  to  real  estate,  as  it  may  deem 
proper 7  32  28 

may  vest  such  jurisdiction  as  may  be  deemed  necessary,  in  Mu- 
nicipal Corporation  Courts,  and  in  Courts  of  Common  Pleas, 
where  established 7  1  22 

may  invest  Corporation  Courts,  for  towns  and  cities,  with 
jurisdiction  concurrent  with  Justices  of  the  Peace,  in  civil 
and  criminal  matters 7  43  30 

may  invest  such  Corporation  Courts  as  it  may  deem  expedient, 
with  jurisdiction  of  any  criminal  offences  not  punishable  by 
death  or  imprisonment  in  the  penitentiary,  with  or  without 
indictment,  as  may  bo  prescribed  by  law 7  43  30 

(by  implication)  may  make  such  offences,  in  the  grade  of  mis- 
demeanor [see  Art.  VII,  Sec.  40,  p.  29],  as  they  may  see  fit, 
cognizable  by  Justices  of  the  Peace,  and  courts  of  similar  juris- 
diction   2  8  3 

(by  intendment)  may  prescribe,  by  law,  the  jurisdiction  of  Jus- 
tices of  the  Peace,  in  misdemeanors 7  40  29 

For  discretionary  powers  in  matter  of  practice,  including 

the   subject   of  appellate  jurisdiction,    see    sub-head    of 

"(Practice)"  below. 

For  discretionary  powers  in  matter  of  salaries  of  Judges, 

see  sub-head  of  "{Compensation  of  public  offictrs),"  above. 

(Finance  and  Taxation :) 

The  State's  ancient  right  of  eminent  domain,  and  of  taxation, 
is  in  the  Constitution  fully  and  expressly  conceded 2  23  6 

May  delegate  the  taxing  power,  with  the  necessary  restrictions, 
to  the  State's  subordinate  political  and  municipal  corporations, 
to  tho  extent  of  providing  for  their  existence,  maintenance, 
and  well-being  (but  no  further) 2  23  6 

may,  by  general  law,  exempt  from  taxation,  for  the  term  of 
seven  years  from  ratification  of  tho  Constitution,  the  capital 
invested  in  any  or  all  kinds  of  mining  and  manufacturing 
business  in  the  State,  under  luoh  r«gulationi  and  restrictions 
as  may  bo  presoribed  by  law 10  3  40 

may,  by  general  law,  authoriee  school  districts  to  levy,'  by  a 
vote  of  the  qualified  electors  of  such  district,  &  tax,  not  to  ex- 
ceed five  mills  on  the  dollar,  in  any  one  year,  for  school  pur- 
poses ;  Provided,  further,  that  no  such  tax  shall  be  appropri- 
ated to  any  other  purpose,  nor  to  any  other  district  than  that 
for  which  it  was  levied 14  3  45 

(by  intendment)  may  authorise  counties,  cities,  towns,  or  other 
municipalities,  to  issue  interest-bearing  bonds,  to  provide  for 
and  secure  payment  of  the  indebtedness  existing  at  date  of 
adoption  of  Constitution 16  1  46 

may,  from  time  to  time,  tax  hawkers,  peddlers,  ferries,  exhibi- 
tions, and  privileges,  in  such  manner  as  may  be  deemed 
proper 16  5  47 


ri9)  INDEX  TO  CONSTITUTION. 


Genbrat.  Assembly— Powers  Discretionary  (continued.) 

No  moneys  arising  from  a  tax  levied  for  one  purpose,  to  be 
used  for  any  other  purpose 16  11 

clothed  with  sole  power  to  make  appropriations  of  money,  to  be 
paid  out  of  the  treasury 16  12 

may  authorize  assessments  on  real  property  for  local  improve- 
ments in  towns  and  cities,  under  such  regulations  as  may  be 
prescribed  by  law  ;  to  be  based  upon  the  consent  of  a  majority 
in  value  of  the  property-holders  owning  property  adjoining 
the  locality  to  be  affected  (such  assessments  to  be  ad  valorem, 

and  uniform) 19  27 

{MUitia:) 

( by  intendment)  may  provide,  by  law,  the  manner  of  organiza- 
tion, oflScering,  arming,  equipment,  and  training,  of  the 
militia 11  1 

(by  intendment)  may  permit  exemptions  from  militia  service...  11  1 

(by  intendment)  may  provide  manner  of  formation  of  volunteer 
companias  of  infantry,  cavalry,  or  artillery,  and  restrictions 
thereon .* 11  2 

(jjy  intendment)  m  ay  call  out  the  volunteers  or  militia.or  both, 
to  execute  the  laws,  repel  invasion, !repress  insurrection,  and 
preserve  the  public  peace 11  4 

(by  intendment)may  authorize  th«  manner  in  which  the  Govern- 
or may,  when  the  General  Assembly  Is  not  in  session,  call  out 
the  Tolunteew  or  militia,  or  both,  to  execute  the  laws,  repel 
invasion,  repress  insurrection,  and  preserve  the  public  peace  11  4 

(Penal  enactments :) 

(by  implication)  may  provide  for  forfeiture  or  impairment  of 
right  of  suffrage,  for  commission  of  a  felony  at  common  law, 
upon  lawful  conviction  thereof. 3  2 

may  provide  punishment  for  any  oflScer  of  the  State,  w  member 
or  officer  of  the  General  Assembly,making  profit  out  of  public 
moneys,  or  using  the  same  for  any  purpose  not  authorized  by 
law;  part  of  such  punishment  to  be,  disqualification  to  hold 
office  in  this  State,  for  a  period  of  five  years 16  3 

(by  intendment)  may  prescribe  .punishment,  additional  to  that 

prescribed  by  the  Constitution,  for  participation  in  a  duel; 19  2 

(Practice — including  Appellate  Jurisdiction ;) 

may,  from  to  time,  prescribe  restrictions  upon  appellate  juris- 
diction of  Supreme  Court 7  4 

(by  intendment)  may  prescribe,  by  law,  the  manner  of  appeal 
from  Circuit  Courts  to  Supreme  Court,  in  matters  of  equity...  7  15 

(by  intendment)  may  prescribe,  by  law,  restrictions  and  regula- 
tions for  appeals  from  judgments  of  County  Courts,  or  Courts 
of  Common  Pleas,  when  established,  to  the  Circuit  Court 7  33 

(by  intendment)  may  provide,  by  law,  the  manner  in  which  or- 
ders for  injunctions  and  other  provisional  writs,  issued  by 
County  Judges  in  the  absence  of  the  Circuit  Judge  from  the 
county,  may  be  reviewed  by  superior  judges  in  vacation 7  37 

(by  intendment)  may  provide,  by  law,  regulations  for  appeals 
from  the  final  judgments  of  the  Justices  of  the  Peace,  to  the 
Circuit  Courts 7  42 

(by  intendment)  may  prescribe,  by  law,  the  manner  in  which 
the  venue,  in  criminal  prosecutions,  may  be  changed,  upon 
the  application  of  the  accused,  to  any  other  county  of  the 
judicial  district  in  which  the  indictment  may  be  found 2  10 

(by  implication)  may  suspend  privilege  of  writ  of  habeas  corpus, 
in  case  of  rebellion,  insurrection,  or  invasion,  when  the  public 
safety  may  require  it 2  11 

(by  intendment)  may  prescrib*,  by  law,  the  degree  of  consan. 
guinity  or  affinity,  connecting  them  with  parties  to  actions, 
which  shall  disqualify  Judges  and  Justices  from  presiding  at 
trial 7  20 

may  regulate,  by  law,  the  punishment  of  contempts,  not  com- 
mitted in  the  presence  or  hearing  of  the  courts,  or  in  disobed- 
ience of  protess 7  26 

(by  intendment)  may  provide,  by  law,  regulations  and  restric- 
tions for  the  issue,  hearing,  and  determination,  of  writs  of 
habeas  corpus,  by  County  Judges,  in  the  absence  lof  the  Cir- 
cuit Judge  from  the  county 7  37 


6 

22 

21 

6 

1 

16 

So 

24 

66 

7 

46 

31 

INDEX  TO  CONSTITUTION.  (20) 

Art.  Sec.         Page. 

SrENERAL  ASSEMBLY— Pojoers  Discretionary  (continued.) 

(by  intendment)  may  prescribe  the  manner  in  which  a  jury  trial 
may  be  waved  by  the  parties,  in  cases  at  law 2  7  3 

may  alter  or  repeal  Sec.  2  of  the  Schedule  (relating  to  compe- 
tency of  witnesses  in  civil  actions) Se  2  61 

(Public  officers— except  as  regards  matter  of  their  compensation :) 

may  provide,  by  law,  the  mode  of  deciding  contested  elections 
for  the  office  of  Governor,  in  case  of  special  elections  to  fill 
vacancy 6  14  19 

(by  intendment)  may  prescribe,  by  law,  the  duties  of  Treasurer 
of  State,  Secretary  of  State,  Auditor  of  State,  and  Attorney 
General 

may  provide,  by  law.  for  the  establishment  of  the  office  of 
Commissioner  of  State  Lands 

may,  at  its  next  session  after  the  adoption  of  the  Constitution, 
abolish  the  office  of  Commissioner  of  State  Lands,  or  continue 
the  same  in  such  manner  as  may  be  prescribed  by  law 

(by  intendment)  may  prescribe  duties  of  Sheriffs,  Coroners, 
County  Treasurers,  and  County  Surveyors 

(by  intendment)  may  provide, by  law,  for  alteration  or  repeal  of 
provision  making  the  Sheriff  of  each  county  ex-officio  collec- 
tor of  taxes 7  46    ,  31 

(by  intendment)  may  prescribe  the  places  at  which  district, 
county,  and  township  officers  shall  keep  their  offices  within 
their  respective  districts 19  4  56 

may  create  a  bureau  to  be  known  as  the  Mining, Manufacturing, 
and  Agricultural  Bureau 10  1  39 

may,  when  deemed  expedient,  create  the  office  and  prescribe 
the  term  of  office,  duties,  and  compensation,  of  a  State  Geolo- 
gist, under  conditions  of  appointment  and  removal  pre- 
scribed   10  2  40 

For  removal  of  State  Executive  officers,  upon  address,  see 

under  sub-head  "  c.  In  matters  special,"  below. 
For  compensation  of  public  officers,  see  under  that  sub-head, 
above. 
{Schools  :) 

may,  by  general  law,  authorize  school  districts  to  levy,  by  a  vote 
of  the  qualified  electors  of  such  district,  a  tax,  not  to  exceed 
five  mills  on  the  dollar,  in  any  one  year,  for  school  pur- 
poses ;  Provided,  further,  that  no  such  tax  shall  be  appro- 
priated to  any  other  purpose,  nor  to  any  other  district  than 

that  for  which  it  was  levied 14  3  45 

(Miscellaneous ;) 

(by  implication)  may  provide  manner  of  quartering  soldiers,  in 
time  of  war,  in  houses  or  premises,  without  the  consent  of  the 
owner 2  27  7 

Right  of  eminent  domain 2,17  23,9  6,50 

may,  by  law,  fix  a  different  time  for  general  elections,  from  that 
prescribed  in  the  Constitution  (viz.,  the  first  Monday  in  Sep- 
tember)   3  8  8 

(by  intendment)  may  prescribe  rules  and  regulations  respecting 
grants  of  reprieve,  commutations  of  sentence,!  and  pardons, 
after  conviction,  and  remission  of  fines  and  forfeitures 6  18  20 

(by  intendment)  may  alter  the  Seal  of  the  State 19  25  60 

may  direct  the  time  and  manner  of  revision,  digesting,  arrange- 
ment, publication,  and  promulgation,  of  the  laws  of  the  State, 

civil  and  criminal 19  17  58 

c.  In  matters  special : 

may,  for  good  cause,  and  by  vote  of  two-thirds  of  the  members 
elected  to  each  house,  address  the  Governor  for  the  removal 
of  the  Auditor,  Treasurer.  Secretary  of  State,  Attorney  Gen- 
eral, Judges  of  the  Supreme  and  Circuit  Courts,  Chancellors, 
or  Prosecuting  Attorneys 15  3  45 


15 


(21)  INDEX  TO  CONSTITUTION. 


Sbo.        Pagb. 


General  Assembly  (continued.) 

POWERS  DENIED.* 
1.  General  Provisions  : 

[For  powers  denied  to  the  Goverment,  as  in  contravention  of 
the  fundamental  rights  and  privileges  of  the  citizen, see  Art. 
II  of  the  Constitution  (Declaration  of  Rights)  (p. 2),  passim. 
Art.  IV  (Departments)  (p. 9)  prohibits, to  either  of  the  three  de- 
partments of  the  government,  or  to  any  person,  or  collection 
of  persons,  being  of  one  of  those  departments,  the  exercise 
of  any  power  belonging  to  either  of  the  others,  except  in  the 
instances  thereafter,  in  the  Constitution,  expressly  directed 
or  permitted. 

See.  also,  Art.  Ill  (Franchise  and  Elections)  (p. 7)  ,for  further 
checks  upon  the  powers  of  the  Government.]! 
Everything  contained  in  the  Declaration  of  Rights  (Art.  II) ,  ex- 
cepted   out  of  the  general  powers  of  the  government,  and  for- 
ever to   remain  inviolate 2  29  7 

All  laws  contrary  to  the  provisions  of  the  Declaration  of  Rights 
(Art.  II) ,  or  to  the  other  provisions  contained  in  the  Constitu- 
tion, to  be  void 2  29  7 

For  an  enumeration  of  certain  of  the'more  specific  constitu- 
tional prohibitions  of  interference  with  the  rights  and 
privileges  of  the  citizen,  see,  under  head  of  "6.  To  the 
General  Assembly,"  etc.,  sub-heads  of  "b.  In  matters  of 
legislation  generally" — "{Eights,  Privileges,  etc.),"  below. 

*Other  powers  than  those  here  enumerated  are,  of  course,  by  implication,  denied  the  General  Assembly, 
by  every  positive  enactment  of  the  Constitution.  These  must  be  sought,  each  under  its  proper  head,  in 
the  General  Index. 

In  addition,  however,  to  the  prohibitions  imposed,  by  the  Constitution  of  the  State,  upon  the  action  of 
the  General  Assembly,  or,  rather,  before  them,  are  the  restrictions  laid,  by  the  Constitution  of  the  United 
States,  upon  the  powers  of  the  States. 

"This  Constitution,  and  the  laws  of  the  United  States  which  shall  be  made  in  pursuance  thereof  :  and 
all  treaties  made,  or  which  shall  be  made,  under  the  authority  of  the  United  States  shall  be  the  supreme 
law  of  the  land  ;  and  the  judges  in  every  state  shall  be  bound  thereby,  any  thing  in  the  constitution  or 
laws  of  any  state  to  the  contrary  notwithstanding."     (Constitution  of  the  U.  S.,  Art.    VI,  Sec.  2.) 

The  powers  prohibited  to  the  States  by  the  original  Constitution  (omiUing  the  consideration  of 
such  as  grow,  by  implication,  out  of  positive  enactments  imposing  duties)  are  divisible,  into  three 
classes  :  (1)  Where  the  Constitution  in  express  terms  grants  an  exclusive  authority  to  the  Union; 
(2)  where  it  grants,  in  one  instance,  an  authority  to  the  Union,  and  in  another  prohibiis  the  States 
from  exercising  the  like  authority;  and  (3)  where  it  grants  an  authority  to  the  Union,  to  which  a  simi- 
lar authority  in  the  States  would  be  absolutely  and  totally  confmdtcton/  and  repugnant.  (  The  Federalist, 
No.  44.) 

To  these  may  now  be  added  a  fourth  class,  embraced  in  the  Amendments  to  the  Constitution,  where 
certain  powers  are  at  once  renounced  by  the  National  Government,  and  prohibited  to  the  States. 

The  enumeration,  in  this  place,  of  the  implied  restrictions,  subjects,  as  they  are,  of  differ- 
ence and  discussion  coeval  with  the  institution  of  the  Government,  and  doubtless  to  continue  while 
the  Government  shall  endure,  is  impracticable.  The  express  prohibitions  upon  the  powers  of  the  States 
are  as  follows : 

"No  state  shall  (1)  enter  into  any  treaty,  alliance,  or  confederation;  (2)  grant  letters  of  marque  and 
reprisal;  (3)  coin  money;  (4)  emit  bills  of  credit;  (5)  make  any  thing  but  gold  and  silver  coin  a  tender 
in  payment  of  debts;  (6)  pass  any  bill  of  attainder,  (7)  ex  post  facto  \a,w,  or  (8)  law  impairing  the  obli- 
gation of  contracts,  or  (9)  grant  any  title  of  nobility. 

"No  state  shall,  without  the  consent  of  the  congress,  (10)  lay  any  imposts  or  duties  on  imports  or 
exports,  except  what  may  be  absolutely  necessary  for  executing  its  inspection  laws;  and  the  net  pro- 
duce of  all  duties  and  imposts,  laid  by  any  state  on  imports  or  exports,  shall  be  subject  to  the  revision 
and  control  of  the  congress. 

"No  state  shall,  without  the  consent  of  congress,  (11)  lay  any  duty  of  tonnage.  (12)  keep  troops,  or 
ships  of  war  in  time  of  peace,  (13)  enter  into  any  agreement  or  compact  with  another  state,  or  (14)  with  a 
foreign  power,  or  (15)  engage  in  war,  unless  actually  invaded,  or  in  such  imminent  danger  as  will  not 
admit  of  delay."   (Art.  I,  Sec.  10.) 

(16)  "Neither  slavery  nor  involuntary  servitude,  except  as  a  punishment  for  crime,  whereof  the  party 
shall  have  been  duly  convicted,  shall  exist  within  the  United  States,  or  any  place  subject  to  their  juris- 
diction." (A7nendments,  Art.  XIII.) 

"All  persons  born  or  naturalized  in  the  United  States  and  subject  to  the  jurisdiction  there  f,  are  citi- 
zens of  the  United  States  and  of  the  state  wherein  they  reside.  No  state  shall  (17) 
make  or  enforce  any  law  which  shall  abridge  the  privileges  or  immunities  of  citizens  of  the 
United  States  ;  nor  shall  any  state  (18)  deprive  any  person  of  life,  liberty,  or  property,  without  due  pro- 
cess of  law,  nor  (19)  deny  to  any  person  within  its  jurisdiction  the  equal  protection  of  the  laws." 
(Amendments,  Art.  XIV,  iSec.  1.) 

"Neither  the  United  States  nor  any  state  shall  (20)  assume  or  pay  any  debt  or  obligation  incurred  in 
aid  of  insurrection,  or  rebellion  against  the  United  States,  or  (21)  anv  claim  for  the  loss  or  emancipation 
of  any  slave;  but  all  such  debts,  obligations,  and  claims  shall  be  held  illegal  and  void."  (Amendments, 
Art.  XIV,  Sec.  4.) 

(22)  "The  right  of  citizens  of  the  United  States  to  vote  shall  not  be  denied  or  abridged  by  the  United 
States  or  by  any  state,  on  account  of  race,  color  or  previous  condition  of  servitude."  (Amendments,  Art. 
XV,  Sec,  1.) 


INDEX  TO  CONSTITUTION, 


(22) 


General  Assembly— -Powers  Denied  (continued.) 

2.  Powers  specifically  denied  to  the  Senate  : 

[The  prohibitions  imposed  upon  the  Government,  in  the  mat- 
ter of  the  rights  and  privileges  of  the  citizen,  and  as  safe- 
guards of  his  person,  property,  and  liberty  of  opinion,  are, 
of  course,  binding  upon  every  individual  branch  of  the  gov- 
ernment, acting  in  its  separate  capacity;  For  these,  see 
"1.  General  provisions, "above,  and,  under  head  of  "6.  To 
THE  General  Assembly,"  etc.,  sub-heads  !of  "6.  Inmattera 
of  legislation  generally"— '' (Rights,  Privileges,  etc.),"  below  ] 
Sole  power  of  impeachment  to  be  in  House  of  Representa- 
tives  

In  trials  of  impeachments,  no  person  to  be  convicted  without 
the  concurrence  of  two-thirds  of  the  members  of  the  Sen- 
ate  

Judgment  in  cases  of  impeachment  to  go  no  further  than  remov- 
al from  office  and  disqualification  to  hold  any  office  of  honor, 
trust,  or  profit,  under  this  State 

3.  Powers  denied  to  the  House  of  Representatives  : 

[See  first  entry  under  head  "2.  Powers  specifically  denied 
to  the  Senate,"  above.] 

4.  To  either  house,  acting  in  its  separate  capacity  : 
a.  In  matter  of  procedure' : 

The  right  of  the  people  to  petition,  by  address  or  remonstrance, 
the  government,  or  any  department  thereof,  never  to  be 
abridged 

No  new  bill  to  be  introduced  into  either  house,  during  the  last 

threo  days  of  the  session 

Neither  house  shall: 

adjourn,  without  the  conseut'of  the  other,  for'more  than  Lthree 
days 

adjourn,  without  the  consent  of  the  other,  to  any  other  place 
than  that  in  which  the  two  houses  shall  be  sitting 

so  alter  or  amend  any  bill,  on  its  passage,  as  to  change 
its  original  purpose 

{by  intendment)  dispense  with  the  reading  of  any  bill 
atlength,  upon  either  of  its  readings 

unless  the  rules  be  suspended  by  two-thirds  of  the  !house, 
cause  a  bill  to  receive  more  than  one  reading  on  the  same 
day 

pass  any  local  or  special  bill,  unless  notice  of  the  inten- 
tion to  apply  therefor  shall  have  been  published  in  the  locali- 
ty where  the  matter  or  the  thing  to  be  affected  may  be  situa- 
ted; such  notice  to  be,  at  least,  thirty  days  prior  to  the  intro- 
duction, into  the  General  Assembly,  of  such  bill,  and  in  the 
manner  to  be  provided  by  law;  the  evidence  of  such  notice 
having  been  published,  to  be  exhibited  in  the  General  Assem- 
bly, before  such  act  shall  be  passed 

b.  In  m(tlters  special: 

Neither  house  may  expel  a  member  a  second  time  for  the'same 
cause 

Neither  house  to  propose  more  than  three  amendments  to 
the  Constitution  at  the  same  time 

5.  To  the  two  houses,  acting  in  joint  session  : 

[See  first  entry  under  head  "2.  Powers  specifically  denied 
to  the  Senate,"  above.] 

6.  To  the  General  Assembly,  ACTING 'in  the  exercise  !op  its   ordinary 

capacity  op  legislation: 
o.  In  matter  of  procedure: 

The  right  of  the  people  to  petition,  by  address  or  remonstrance, 
the  government,  or  any  department  thereof,  never  to  be 
abridged 

not  to  pass  any  law  except  by  bill 

not  (except  at  its  first  session  under  this  Constitution,  or  when 
impeachments  are  pending)  to  extend  its  regular  biennial 
sessions  beyond  sixty  days,  unless  by  a  vote  of  two-thirds  of 
the  members  elected  to  each  house 

No  bill  to  become  a  law  unless,  on  its  final  passage,  the  vote  bo 
taken  by  yeas  and  nays,  the  names  of  the  persons  voting  for 
and  against  the  same  entered  on  the  journal,  and  a  majority 
of  each  house  recorded  thereon  as  voting  in  its  favor 


Aet 


2 

4 

3 

5 

34 

16 

5 

28 

15 

5 

28 

15 

5 

21 

13 

5 

22 

13 

21  13 


22  13 


(23)  INDEX  TO  CONSTITUTION.    ,. 

Art.  Sec.  Page. 

Gknbbal  Assembly— Powers  Denied    (continued.) 

No  law  to  be  revived,  amended,  or  the  provisions  thereof  ex- 
tended or  conferred,  by  reference  to  its  title  only;  but  so  much 
thereof  as  is  revived,  amended,  extended,  orconferre«4  to  be 

re-enacted  and  published  at  length 5  23  U 

(by  implication)  cannot  be  adjourned  by  the  Governor,  in  case 
of  disagreement  between  the  two  houses,  at  a  regular  or  special 
session,  with  respect  to  the  time  of  adjournment,  unless  the 
fact  of  such  disagreement  be  certified  to  him  by  the  presiding 
oflScers  of  the  two  houses;  and  then  to  a  time  not  beyond  the 
day  of  their  next  meeting,  or,  except  on  account  of  danger 
from    an  enemy  or  disease,  to  any  place  other  than  that  in 

which  the  houses  shall  be  sitting 6  20  21 

At  extraordinary  sessions,  no  business  to  be  transacted  other 
than  that  set  forth  in  the  proclamation  of  the  Governor,  con- 
vening the  same 6  19  21 

h.  In  matters  of  legislation  generally : 
(Rights,  Privileges,  etc. :) 

[For  general  prohibitions,  to  the  Government,  of  the  exercise 
of  power  in  contravention  of  the  fundamental  rights  of  the 
citizen  and  [the  principles  of  the  Constitution,  see  head 
"1.  General  provisions, "above.  The  provisions  given  below 
under  this  sub-head, are  selected, chiefly  from  the  Declaration 
of  Rights,  as  embracing  the  more  specific  prohibitions  in 
this  nature.] 

The  equality  of  all  men  before  the[law,  ever  to  remain  invio- 
late   2  3  2 

No  citizen  ever  to  be  deprived  of  any  right,  privilege,  or  im- 
munity, or  exempted  from  any  burden  or  duty,  on  account 
of  race,  color,  or  previous  condition 2  3  2 

The  right  of  the  people  peaceably  to  assemble,  to  consult  for 
the  common  good,  never  to  be  abridged 2  4  3 

The  right  of  the  people  to  petition,  by  address  or  remonstrance, 
the  government,  or  any  department  thereof,  never  to  be 
abridged 2  4  3 

The  citizens  of  this  State  to  have  the  right  to  keep  and  bear 
arms  for  the  common  defence 2  5  3 

The  liberty  of  the  press  to  forever  remain  'inviolate 2  6  3 

All  persons  may  freely  write  and  publish  their  sentiments  on 
all  subjects,  being  responsible  for  the  abuse  of  such  right 2  6  3 

The  right  of  the  people  of  the  State  to  be  secure  in  their  per- 
sons, houses,  papers,  and  effects,  against  unreasonable 
searches  and  seizures,  not  to  be  violated 2  15  5 

No  person  to  be  imprisoned  for  debt,  in  any  civil  action,' on 
mesne  or  final  process 2  16  5 

not  to  grant  to  any  citizen,  or  class  of  citizens,  privileges  or  im- 
munities which,  upon  the  same  terms,  shall  not  equally  be- 
long to  all  citizens 2         .        18  5 

not  to  grant  perpetuities  or  monopolies 2  19  5 

not  to  grant  or  confer  any  hereditary  emoluments,  privileges, 
or  honors 2  19  5 

not  to  make  any  distinction,  by  law,  between  resident  aliens 
and  citizens,  in  regard  to  the  possession,  enjoyment,  or  de- 
scent, of  property 2  20  5 

Private  property  not  to  be  taken,  appropriated,  or  damaged,  for 
public  use,  without  just  compensation  therefor 2  22  6 

not  to  give  any  preference,  by  law,  to  any  religious  establish- 
ment, denomination,  or  mode  of  worship,  above  any  other 2  24  6 

No  man  to  be  compelled  to  attend,  erect,  or  support,  any  place 
of  worship,  or  to  maintain  any  ministry,  against  his  consent...  2  24  6 

No  religious  test  ever  to  be  required  of  any  person  as  a  qualifi- 
cation to  vote  or  hold  ofiBce,  nor  shall  any'person  be  rendered 
incompetent  to  be  a  witness  on  account  of  his  religious  belief; 
but  nothing  herein  to  be  construed  to  dispense  with  oaths  or 
afiBrmations , 2  26  6 

Slavery,  and  involuntary  servitude,  except  as  a  punishment  for 
crime,  prohibited 2  27  6 

(by  implication)  not  to  authorize  assessments  on  real  property, 
for  local  improvements,  elsewhere  than  in  towns  or  cities,  or 
not  based  upon  the  consent  of  a  majority,  in  value,  of  the 
property-holders  owning  property  adjoining  the  locality  to  be 
affected,  or  other  than  ad  valorem  and  uniform 19  27  60 


INDEX  TO  CONSTITUTION.  (24) 

Aet.  Sec.        Page. 

General  Assembly— Powers  Denied  (continued.) 

not  to  pass  bill  of  attainder,  ex  post  facto  law,  or  law  impairing 

the  obligation  of  contracts 2  17  5 

not  to  suspend  privilege  of  writ  of  habeas  corpus,  except  in 
case  of  rebellion,  insurrection,  or  invasion,  when  the  public 

safety  may  require   it 2  11  4 

No  person  to  be  taken  or  imprisoned,  or  disseized  of  his  es- 
tate, freehold,  liberties,  or  privileges,  or  outlawed,  or  in  any 
manner  destroyed,  or  deprived  of  his  life,  liberty, 'or  property, 

except  by  the  judgment  of  his  peers  or  the  law  of  the  land 2  21  5 

(by  implication)  not  to  abolish,  or,  except  in  eases  such  as 
shall  be  made  cognizable  by  Justices  of  the  Peace,  and  courts 
of  similar  jurisdiction,  to  modify,  the  grand-jury  sys- 
tem   2  8  3 

Right  of  trial  by  jury  to  remain  inviolate 2  7  3 

Right  of  trial  by  jury  to  extend  to  all  cases  at  law,  without 
regard  to  the  amount  in  controversy  (but  a  jury  trial  may  be 
waived  by  the  parties,  in  all  cases,  in  the  manner  prescribed 

by  law 2  7  3 

Limitations  on  the  law  of  libel 2  6  3 

Limitations  on  the  law  of  treason 2  14  4 

For  further  rights  of  accused  in  criminal  prosecutions, — not 

to  be  abridged  by  statutory  enactment,— see 2  8,9.  3.4 

..  •  ^  10.11 

(Apportionment :) 

not  to  make  apportionment  increasing  the  number  of  members 
of  the  House  of  Representatives  to  more  than  one  hundred, 
or  reducing  it  below  seventy-three 8  1  32 

not  so  to  divide  the  State  into  Senatorial  districts  that  the 
Senate  shall  consist  of  less  than  thirty  or  more  than  thirty- 
five  members 8  2  35,  37 

Senatorial  districts  at  all  times  to  consist  of  contiguous  terri- 
tory, and  no  county  to  be  divided  in  the  formation  of  a  Sena- 
torial   district 8  3  37 

not  to  make  division  of  the  State  into  Senatorial  districts,  or 
apportionment  of  Representatives  to  the  several  counties,  at 
any  other  time  than  at  the  first  session  after  each  enumera- 
tion of  the  inhabitants  of  the  State,  by  the  Federal  or  State 

government 8  4  37 

{Appropriations :) 

No  appropriations  to  be  made  except  by  law 5,17  29,12  15,48 

not  to  appropriate  any  money  on  any  claim,  the  subject-matter 
of  which  shall  not  have  been  provided  for  by  pre-existing 
laws,  unless  such  claim  be  allowed  by  bill  passed  by  two- 
thirds  of  the  members  elected  to  each^branch 5  27  14 

not  to  make  appropriation  other  than  specific,  or  without  dis- 
tinctly stating,  in  the  bill,  the  purpose  of  the  appropriation, 
and  specifying,  in  dollars  and  cents,  the  maximum  amount 
which  may   be  drawn .- 5  29  15 

not  to  make  appopriations  for  longer  period  than    two  years....  5  29  15 

General  appropriation  bill  to  embrace  nothing  but  appropria- 
tions for  the  ordinary  expense  of  the  executive,  legislative, 
and  judicial   departments  of  the  State 5  30  15 

not  to  make  appropriations  other  than  for  ordinary  expenses  of 
the  executive,  legislative,  and  judicial  departments  of  the 
State,  except  by  separate  bills,  each  embracing  but  one  sub- 
ject-   5  30  15 

{Compensation  of  public  officers:) 

(by  implication)  not  to  pass  any  law  providing  for  an  increase 
of  pay  of  any  member  of  either  house,  for  his  services,  during 
the  term  for  which  such  member  shall  have  been  elected 5  16  12 

not  to  allow  extra  compensation  to  any  officer,  agent,  employe, 
or  contractor.after  the  service  shall  have  been  rendered, or  the 
contract  made,  unless  such  compensation  be  allowed  by  bill 
passed  by  two-thirds  of  the  members  elected  to  each  branch 5  27  14 

not,  after  the  adjournment  of  the  next  General  Assembly  after 
tie  adoption  of  the  Const  tution,  to  diminish  the  compensa- 
tion of  Supreme  Judges,  during  the  time  for  which  they  shall 
have  been  elected 7  10  24 

not,  after  the  adjournment  of  the  first  session  of  the  General 
Assembly,  to  diminish  the  compensation  of  Judg  s  of  Cir- 
cuit Courts,  during  the  time  for  which  they  are  elected 7  18  25 


(25)  INDEX  1^0  CONSTITUTION. 


Gkkbbal  Assembly— Pou>er«  Denied  (continued.) 

not  to  increase  or  diminish,  during  their  respective  terms,  the 
salaries  of  Governor,  Secretary  of  State,  Auditor,  Treasurer, 
Attorney  General,  Judges  of  the  Supreme  Court,  Judges  of 
the  Circuit  Court,  Commissioner  of  State  Lands,  or  Prose- 
cuting Attorneys 19 

not  to  provide  salaries,  for  the  oflSeers  named  in  the  preceding 
entry,  exceeding  the  sums  respectively  prescribed  in  Art. 
XIX,  See.  11  (p.  57) 19 

to  provide  for  no  increase  of  the  salaries  of  "its  member*,  which 
shall  take'cflfect  before  the  meeting  of  the  next  General  As- 
sembly   19 

not  to  increase  or  diminish,  during  the  period  of  two  years 
from  the  adoption  of  the  Constitution,  the  salaries  of  State 
oflScers,  or  per  diem  and  mileage  of  members  of  the  General 

Assembly,  as  prescribed  in  Sec.  28  of  the  Schedule Sc 

(Contracts  :) 

not  to  pass  bill  of  attainder, ex  post  facto  law,  or  law  impairing 
the  obligation  of  contracts 2 

not  to  allow  extra  compensation  to  any  ofBcer,  agent,  employe, 
or  contractor,  after  the  service  shall  have  been  rendered,  or  the 
contract  made,  unless  such  compensation  be  allowed  by  bill 
passed  by  two-thirds  of  the  members  elected  to  each  branch 5 

not,  so  far  as  regards  contracts  made  before  the  time  of  the 
adoption  of  the  Constitution  of  1868,  to  alter  or  repeal  any 
laws  exempting  property  from  sale  on  execution  or  by  decree 

of  a  court,  which  were  in  force  at  that  time Sc 

(Corporations:) 

to  pass  no  special  act  conferring  corporate  powers,  except  for 
charitable,  educational,  penal,  or  reformatory  purposes, 
where  the  corporations  created  are  to  be  and  remain  under  the 
patronage  and  control  of  the  State 12 

not  to  remit  the  forfeiture  of  the  charter  of  any  corporation 
existing  at  date  of  adoption  of  Constitution,  or  alter  or 
amend  the  same,  or  pass  any  general  or  special  law  for  the 
benefit  of  such  corporation,  except  on  condition  that  such 
corporation  shall  thereafter  hold  its  charter,  subject  to  the 
provisions  of  this  Constitution 17 

The  exercise  of  the  right  of  eminent  domain  never  to  be 
abridged,  or  so  construed  as  to  prevent  the  Genernl  Assembly 
from  taking  the  property  and  franchises  of  incorporated  com- 
panies, and  subjecting  them  to  public  use— the  same  as  the 
property  of  individuals 17 

not  to  pass  any  local  or  special  bill  suspending  the  operation 
of  any  general  law  for  the  benefit  of  any  particular  Individ 
ual,  corporation,  or  association 5 

not,  by  any  contract  or  grant  to  which  the  State  may  be  a  party, 
to  surrender  or  suspend  the  power  to  tax  corporations  and  cor- 
porate property 1(5 

Except  as  provided  in  the  Constitution,  no  law  to  be  passed 
making  the  State  a  stockholder  in,  or  subscriber  to.  Or  inter- 
ested in,  the  stock  of  any  corporation  or  association 12 

(by  implication)  not,  by  special  law,  to  authorize  the  increase 
of  the  stock  or  bonded  indebtedness  of  any  private  corpora- 
tion   12 

(by  intendment)  not  to  authorize  the  appropriation,  to  the  use 
of  any  corporation,  of  property  or  right  of  way,  ;intil  full 
compensation  therefor  shall  first  be  made  to  the  owner,  in 
mo-ney,  or  first  secured  to  him  by  a    deposit  of  money    (such 

compensation  to  be  ascertained  in   manner  prescribed) 12 

For  constitutional  conditions  attached  to  the  grant  of  cor- 
porate franchise  to  railroad,  canal,  and  turnpike  compa- 
nies (and,  in  particular  instances,  those  attached  to  such 
grant  to  other  transportation  companies),  see  Art.  XVII, 
(  p.  48  et  seq.) ,  passim.  The  two  following  provisions  may 
be  selected,  as  instances  of  more  express  restriction  upon 
legislative  action: 

Any  association  or  corporation,  organized  for  the  purpose,  to 
have  the  right  to  construct  and  operate  a  railroad  between 
any  poin  8  within  this  State,  and  to  connect,  at  the  State  line, 
with  railroads  of  other  States 17 


INDEX  TO  CONSTITUTION.  (26) 

Art.  Sec.  Pagjt. 

Okneral  Assembly— Poioer«  Denied  (continued.) 

to  pass  no  law  exempting  from  execution  and  sale  the  rolling 
stock  or  other  movable  property  belonging  to  any  railroad 
company  or  corporation  in  this  State 17  11  50 

not  to  exchange,  transfer,  remit,  postpone,  or  in  any  way  di- 
minish, any  obligation  or  liability  of  any  railroad,  or  other 
corporation,  held  or  owned  by   the  State 5  38  15 

not  to  cause  to  be  released  yny  liability  or  obligation  of  any 
railroad,  or  other  corporation,  held  or  owned  by  the  State, 
except  by  payment  thereof  into  the  State  treasury 5  33  15 

not  to  provide  for  the  release  of  the  indebtedness  of  any  cor- 
poration to  the  State,  or  for  discharging  the  same  in  any  man- 
ner save  by  payment  into  the  public  treasury 12  12  43 

Restrictions  upon  powers,  privileges,  and  franchises,  of  foreign 
corporations  which  may  be  authorized  to  do  business  in  this 
State 12  11  42 

not  to  delegate  the  taxing  power  to  the  State's  subordinate  po- 
litical and  municipal  corporations,  beyond  the  extent  of  pro- 
viding for  their  existence,  maintenance,  and  well-being 2  23  6 

not,  except  as  in  the  Constitution  otherwise  provided,  to  pro- 
vide for  the  assumption  or  payment,  by  the  State,  of  the 
debt  or  liability  of  any  county,  town,  city,  or  corporation, 
whatever,  or  any  part  thereof;  unless  such  debt  or  liability 
shall  have  been  created  to  repel  invasion,  suppress  insurrec- 
tion, or  to  provide  for  the  public  welfare  and  defence 12  12  43 

{Counties ;) 

not  to  reduce  any  county,  established  at  date  of  adoption  of 
Constitution,  to  an  area  of  less  than  six  hundred  square  miles, 
nor  to  less  than  five  thousand  inhabitants,  nor  to  establish 
any  new  county  with  less  than  six  hundred  square  miles  and 
five  thousand  inhabitants ;  Provided,  that  this  prohibition 
shall  not  apply  to  the  counties  of  Lafayette,  Pope,  and  John- 
son, nor  be  so  construed  as  to  prevent  the  General  Assembly 
from  changing  the  line  between  the  counties  of  Pope  and 
Johnson 13  1  43 

not  to  take  off  any  part  of  a  county  to  form  a  new  county,  or  a 
part  thereof,  without  the  consent  of  a  majority  of  the  voters 
in  such  part  proposed  to  be  taken  off 13  2  43 

not  to  establish  or  change  any  county-seat,  without  the  consent 
of  a  majority  of  the  qualified  voters  of  the  county  to  be  affect- 
ed by  such  change,  nor  until  the  place  at  which  it  is  proposed 
to  establish  or  change  such  county-seat  shall  be  fully  designa- 
ted ;  Provided,  that  in  formation  of  new  counties,  the  county- 
seat  may  be  located  temporarily,  by  provisions  of  law 13  3  44 

In  the  formation  of  new  counties,  no  line  thereof  to  run  within 
ten  miles  of  the  county-seat  of  the  county  proposed  to  be  di- 
vided, except  the  county-seat  of  Lafayette  county 1?  4  44 

(Elections:) 

not  to  interfere  to  prevent  the  free  exercise  of  the  right  of  suf- 
frage   3  2  7 

nottoenact  any  law  whereby  the  right  to  vote  at  any  election 
shall  be  made  to  depend  upon  any  previous  registration  of  the 
elector's  name 8  2  7 

not  to  enact  any  law  whereby  the  right  to  vote  at  any  election 
shall  be  impaired  or  forfeited,  except  for  the  commission  of  a 

felony  at  common  law,  upon  lawful  conviction  thereof 3  2  7 

(Finance  and  Taxation:) 

not  (with  exceptions  stated)  to  tax  any  one  species  of  property 
from  which  a  tax  may  be  collected,  higher  than  any  other 
species  of  property  of  equal  value 16  5  47 

not  to  levy  State  tax  or  make  appropriation  of  money,  except  to 
raise  means  for  the  payment  of  the  just  debts  of  the  State,  for 
defraying  the  necessary  expenses  of  government,  to  sustain 
common  schools,  to  repel  invasion  and  suppress  insurrection, 
except  by  a  majority  of  two-thirds  of  both  houses 5  31  15 

not  to  levy  State  taxes,  for  any  one  year,  to  exceed,  in  the  ag- 
gregate, one  per  cent,  of  the  assessed  valuation  of  the  prop- 
erty of  the  State 16  8  47 

not  to  delegate  the  taxing  power  to  the  State's  subordinate  polit- 
ical and  municipal  corporations,  beyond  the  extent  of  provid-  , 
ing  for  their  existence,  maintenance,  and  well-being 2  23  6 


(27)  INDEX  TO  CONSTITUTION. 


Art.  Sec,  Page. 

GkSikral  Assembly— Power*  Denied  (continued.) 

( by  implication )  not  to  authorize  assessments  on  real  prop- 
erty, for  local  improvements,  elsewhere  than  in  towns  or 
cities,  or  not  based  upon  the  consent  of  a  majority,  in  value, 
of  the  property-holders  owning  property  adjoining  the  local- 
ity to  be  affected,  or  other  than  ad  valorem  and  uniform 19  27  60 

not  to  levy  any  general  tax,  for  the  support  of  common  schools, 
to  exceed  in  any  one  year  two  mills  on  the  dollar  on  the  taxa- 
ble property  of  the  State 14  3  44 

not  to  authorize  school  districts  to  levy,  in  any  one  year,  for 
school  purposes,  any  tax  to  exceed  five  mills  on  the  dollar 14  3  45 

not  to  appropriate  any  special  school  district  tax  to  any  other 
purpose,  nor  to  any  other  district  than  that  for  which  it  was 
levied 14  3  45 

not  to  tax ; 

1.  Public  property  used  exclusively  for  public  purposes : 

2.  Cemeteries  used  exclusively  as  such : 

3.  School  buildings  and  apparatus  : 

4.  Libraries  and  grounds  used  exclusively  for  school  purposes  : 

5.  Buildings,   grounds,  and  materials,  used  exclusively   for 

public  charity 16  5  47 

not,  by  any  contract  or  grant  to  which  the  State  may  be  a  party, 
to  surrender  or  suspend  the  power  to  tax  corporations  and 
corporate  property 16  7  47 

All  laws  exempting  property  from  taxation,  other  than  as  pro- 
vided in  the  Constitution,  to  bo  void 16  6  47 

No  moneys  arising  from  a  tax  levied   for   one   purpose,   to   be 
,  used  for  any  other  purpose 16  11  47 

(by  implication)  not  to  appropriate  any  money  or  property  be- 
longing to  the  public  school  fund,  or  to  the  State,  for  the  bene- 
fit of  schools  or  universities,  for  any  other  than  the  respective 
purposes  to  which  it  belongs 

Never  to  loan  the  credit  of  the  State  for  any  purpose  whatever.. 

not  to  pass  any  act  authorizing  the  issue  of  bills,  notes,  or  other 
paper  which  may  circulate  as  money 

State  never  to  issue  any  interest-bearing  warrants  or  scrip 

not  to  cause  to  be  released  any  liability  or  obligation  of  any 
railroad,  or  other  corporation,  held  or  owned  by  the  State, 
except  by  payment  thereof  into  the  State  treasury 5  33  15 

not  to  exchange,  transfer,  remit,  postpone,  or  in  any  way  di- 
minish, any  obligation  or  liability  of  any  railroad,  or  other 
corporation,  held  or  owned  by  the  State 5  S3  15 

not  to  provide  for  the  release  of  the  indebtedness  of  any  cor- 
poration to  the  State ,  or  for  discharging  the  same  in  any  man- 
ner save  by  payment  into  the  public  treasury 12  12  43 

not,  except  as  in  the  Constitution  otherwise  provided,  to  provide 
for  the  assumption  or  payment,  by  the  State,  of  the  debt  or 

liability  of  any  county,  town,  city,  or  corporation,  whatever,  " 

or  any  part  thereof ;  unless  such  debt  or  liability  shall  have 
been  created  to  repel  invasion,  suppress  insurrection,  or  to 
provide  for  the  public  welfare  and  defence 12  12  43 

except  as  provided  in  the.Constitution,'no  law. to  be  passed  mak- 
ing the  State  a  stockholder  in,  or  subscriber  to,  or  interested 
in,  the  stock  of  any  corporation  or  association 12  7  42 

(Penal  enactments:) 

not  to  pass  bill  of  attainder,  ex  post  facto  law,  or  law  impairing 

the   obligation  of  contracts 2  17  5 

not,  under  any  circumstances,    to   authorize  the   exile    of  any 

person  from  the  State 2  21  6 

(Practice :) 

(by  implication)  not  to  suspend  privilege  of  writ  of  habeas  cor- 
pus, except  in  case  of  rebellion,  insurrection,  or  invasion, 
when  the  public  safety  may  require  it 2  11  4 

not  to  pass  any  law  making  the  State  of  Arkansas  defendant 
in  any  of  her  courts 5  20  18 

not  to  pass  any  local  or  special  bill  changing  the  venue  in  crimi- 
nal cases 5  24  14 

not  to  limit  the  amount  to  be  recovered  for  injuries  resulting 
in  death,  or  for  injuries  to  persons  or  property 5,  32  15 


14 

2 

44 

16 

1 

46 

12 

10 

42 

16 

1 

46 

i 


INDEX  TO  CONSTITUTION.  (28) 

Art.  Sec.         Page. 

Generai,  Assembly— Powers  Denied  (continued.) 

to  pass  no  law  exempting  from  execution  and  sale  the  rolling 
stock  or  other  movable  property   belonging    to    any   railroad 

company  or  corporation  in  this  State 17  11  50 

not,  so  far  as  regards  contracts  made  before  the  time  of  the 
adoption  of  the  Constitution  of  1868,  to  alter  or  repeal  any 
laws  exempting  property  from  sale  on  execution  or  by  decree 

of  a  court,  which  were  in  force  at  that  time Sc  1  60 

See,  also,  for  prohibitions  in  matter  of  practice  in  criminal 
prosecutions,    the  last    six   entries   under   sub-head   of 
"{Rights,  Privileges,  etc,),"  above. 
{Public  officers — except  as  regards  matter  of  their  compensation.) 

not  to  create  any  per  uanent  State  office,  not  expressly  provided 

for  by  this  Constitution 19  9  56 

(Schools :) 

(by  implication)  not  to'appropriate  any  money  or  property  be- 
longing to  the  public  school  fund,  or  to  the  State,  for  the  bene- 
fit of  schools  or  universities,  for  any  other  than  the  respective 

purposes  to  which  it  belongs 14  2  44 

not  to  levy  any  general  tax,  for  the  support  of  common  schools, 
to  exceed  in  any  one  year  two  mills.on  the  dollar  on  the  taxa- 
ble property  of  the  State 14  3  44 

not  to  authorize  school  districts  to  levy,  in  any  one  year,  for 

school  purposes,  any  tax  to  exceed  fivs  mills  on  the  dollar 14  3  45 

not  to  tax  school  buildings,  or  apparatus,  or  libraries  or  grounds 
used  exclusively  for  school  purposes 16  5  47 

{Special  lepislation" :) 
not  to  pass  any  local  or  special  law  : 

1.  Changing  the  venue  in  criminal  cases 

2.  Changing  the  names  of  persons 

3.  Adopting  children 

4.  Legitimating  children 

5.  Granting  divorces 

6.  Vacating  roads,  streets,  or  alleys 

7.  In  any  case  where  a  general  law  can  be  made  applicable... 

8.  Suspending  the  operation  of  any  general  law  for  the  benefit 
of  any  particular  individual,  corporation,  or  association... 

9.  Where  the  courts  have  jurisdiction  to  grant  the  powers,  or 
privileges,  or  the  relief,  asked  for 

10.  Unless  notice  of  the  intention  to  apply  for  the  local  or  spe- 
cial bill  shall  have  been  published,  in  the  locality  where  ihe 
matter  or  the  thing  to  be  affected  may  be  situated;  such  no- 
tice to  be,  at  least,  thirty  days  prior  to  the  introduction, 
into  the  General  Assembly,  of  such  bill,  and  in  the  manner 
to  be  provided  by  law;  the  evidence  of  such  notice  to  be 
exhibited,  in  the  General  Assembly,  before  such  act  shall  be 


5 

24 

14 

5 

24 

14 

5 

24 

14 

5 

24 

14 

5 

24 

14 

5 

24 

14 

5 

25 

14 

See  note  at  foot  of  page. 

{Miscellaneous :) 

No  standing  army  to  bo  kept  in  time  of  peace 2 

Feudal  tenures,  with  all  their   incidents,  prohibited 2 

not   to  authorize  any   lottery,  or    allow    the   sale   of  lottery 

tickets 19 

For  provisions  forbidding  special  legislation  upon  a  miscel- 
laneous class  of  subjects,  see  under   sub-head  of  "(iSipectai 
legislation)"  above. 
c.  In  matters  special : 

(by  intendment)  not  to  change  the  seat  of  government  from 

Little  Rock,  where  it  is  now  established 1 

not  to  propose,  or  submit  to  the  people,  more  than  three  amend- 
ments to  the  Constitution,  at  the  same  time 19 

For     restrictions    in    cases    of  impeachment,    see   under 
"2.  Powers  specifically  denied  to  the  Senate,"  above. 


*The  entries  here  given  are  only  those  of  the  two  sections  of  the  Constitution, devoted  to  specific  pro- 
hibitions and  restrictions  of  special  legislation.  For  a  collation  of  all  the  provisions  touching  the  sub- 
ject, either  directly  or  by  implication,  see  Special  Legislation,  in  the  General  Index. 

16 


(29) 


INDEX  TO  CONSTITUTION. 


General  Assembly— (centinued.) 


Art. 


Seo.        Page. 


REPORTS  TO  GENERAL  ASSEMBLY. 

By  Governor: 

in  form  of  message,  from  time  to  time,  and  at  close  of  oflScial 
term  to  the  next  General  Assembly,  giving  information  con- 
cerning the  condition  and  government  of  the  State,  and  re- 
commending for  their  consideration  such  measures  as  he  may 
deem  expedient 

at  every  regular  session,  of  each  case  of  reprieve,  commutation, 
or  pardon,  with  his  reasons  therefor;  stating  the  name  and 
crime  of  the  convict,  the  sentence,  its  date,  and  the   date   of 

the  commutation,  pardon,  or  reprieve 

By  Secretary  of  State: 

Secretary  of  State,  when  required,to  lay  his  record  (to  be  an  ac- 
curate and  full  one)  of  the  ofiBcial  acts  and  proceedings  of  the 
Governor,  with  all  papers,  minutes,  and  vouchers,    relating 

thereto,  before  either  branch 

See,  also.  Senate,  and  Senators,  Representatives,  House  of,  and 
Representatives,  President  of  the  Senate,  Speaker,  Bills,  Im- 
peachments, Journals,  Joint  Sessions,  Special  legislation.  Votes, 
Yeas  and  Nays,  etc.,  etc.* 


[Note. 


*A  GUIDE  TO  THE  COi^TENTS 

OP  THE  DIGEST  OF  CONSTITUTIONAL  PROVISIONS  RESPECTING  THE 

GENERAL  ASSEMBLY. 


[The  paging  referred  to  is  the  special  paging  (in  parenthesis)  of  this  particular  portion  of  the 

Index ] 


Page 
Titles.  op  Index. 

Constitution,  etc.,  of  General  Assembly (1) 

1.  General  provisions (1) 

2.  Senate (1) 

3.  House  of  Representatives (2) 

4.  Vacancies (2) 

5.  Preliminaries  to  organization (2) 

6.  Qualifications  of  members (2) 

Disqualifications (2) 

7.  Compensation  of  members (3) 

Proceedings (3) 

1.  Sessions (3) 

a.  Regular (3) 

b.  Extraordinary (4) 

2.  Publicity  of  proceedings (4) 

3.  Quorum,  etc (4) 

4.  Presiding  officers (4) 

5.  Journals (4) 

6.  Special  powers  of  each  house (4) 

7.  Yeas  and  nays (5) 

8.  Adjournments (5) 

9.  General  legislation (5) 

a.  Bills  generally (5) 

6,  Appropriation  bills,  etc (5) 

c.  Bills  allowing  claims (5) 

d.  Bills  local  and  special (6) 

e.  Vetoes (6) 


Page 
Titles.  .  of  Index. 

10.  Elections  in   General  Assembly (6) 

11.  Special  proceedings (C) 

12.  Determination  of  result  of  elections  for  exe- 

tive  officers  of  State (7) 

Miscellaneous (7) 

1.  Provisions  respecting  members (7) 

a.  Privilege (7) 

6.  Corruption,  and  other  criminal  conduct  (7) 

c.  Ineligibility  to  other  oflBces (8) 

d.  Special  prohibitions (8) 

2.  Provisions    respecting    officers,    other    than 

presiding , (8) 

3.  Messages  and  communications (8) 

4.  Printing,  and  other  expenses (8) 

5.  Succession  of  presiding    officers  to   office   of 

Gov»mor,  in  case  of  vacancy (8) 

6.  First  session  after  adoption  of  Constitution...  (8) 

Duties  Obligatory (9) 

1.  General  provisions (9) 

2.  Duties  obligatory  upon  the  Senate,  only (9) 

a.  In  matter  of  procedure (9) 

b.  In  matters  special (9) 

3.  Upon  each  house,  acting  in  its  separate  ca- 

pacity   (9) 

a.  In  matter  of  procedure (9) 


INDEX  TO  CONSTITUTION. 


clxiii 


General  appropriation  hill  to  embrace  nothing  but  appropriations  for  or- 
dinary expenses  of  executive,  legislative  and  judicial  depart- 
ments of  State 

General  elections— see  Elections. 

General  laws— see  Laws,  General,  and,  for  implications    of  prohibited 
special  enactment,  Spkcial  Legislation. 
Gift  to  influence  action  of  public  officer.  Person  offering,  and  officer  con- 
senting to  receive,  guilty  of  felony 

God,  Acknowledgment  of  gratitude  to 

Natural  and  indefeasible  right  of  all^men  to  worship,  according 

to  the  dictates  of  their  own  consciences 

Persons  denying  being  of,  disqualified  to  hold  civil  office  or  tes- 
tify as  witnesses 

Government,  Privilege  of  free  choice  of  form  of. 

instituted  for  protection,  security,  and!  benefit,  of  the  people... 

Right  of  the  people  to  alter,  reform,  or  abolish 

Right  of  petition  to,  by  address  or  remonstrance 

good.  Religion,  morality,  and  knowledge,  essential  to 

Everything  contained  in  Declaration  of  Rights,  excepted  out  of 
the  general  powers  of,  and  forever  to  remain  inviolate 


Pr 

1 

2 

1 

2 

2 

1 

2 

2 

4 

3 

2 

25 

6 

Contents  of  Digest  under  "Genkkal  Assembly"  (continued.) 


Page 
Titles.                                                         of  Index. 
b.  In  matters  special (10) 

4.  Upon  the  two  houses,  acting  in  joint  session..  (10) 

5.  Upon  the  General  Assembly,    acting   in  the 

exercise  of  its  ordinary  capacity  of  legisla- 
tion   (10) 

o.  In  matter  of  procedure (10) 

b.  In  matters  of  legislation  generally (11) 

(Actions,  Civil) (11) 


(Apportionment) 

.(Compensation  of  public  officers). 

(Corporations) 

(Finance  and  Taxation) 

(Penal  enactments) 

(Schools) 

(Miscellaneous) 

.  In  matters  special 


(11) 
(11) 
(12) 
(12) 
(12) 
(13) 
(14) 
(14; 


(14) 
(14) 


(14) 
(14) 


(14) 


(15) 
(15) 
(15) 
(15) 
(15) 
(15) 
(16) 


Powers  Discretionary 

1.  General  provisions 

2.  Discretionary  poioers  vested  in  the   Senate, 

alone 

3.  Jn  the  House  of  Representatives,  alone 

4.  In  each  house,  acting  in  its  separate  capsLC- 

itv 

6.  In  the  General  Assembly,  acting  in  the 
exercise  of  its  ordinary  capacity  of  legis- 
lation  

a.  In  matter  of  procedure 

h.  In  matters  of  legislation  generally 

(General  provisions) 

(Appropriations  and  claims) 

(Compensation    of  public  officers 

(Contracts) 

(Corporations) (16) 

(Counties) (17) 

(Courts— their  Creation,  Constitution, 
Abolition,  Terms,  and  Original  Juris- 
diction)   (17) 

(Finance  and  Taxation) (18) 

(Militia) (19) 

i™  (Penal  enactments) (19) 

|K^         (Practice— including    Appellate    Juris- 
IK  diction) (19) 


Page 
Titles.  of  Index. 

(Public  officers- except  as  regards  matter 

of  their  compensation) (20) 

(Schools) (20) 

(Miscellaneous) (20) 

c.  In  matters  special (20) 

Powers  Denied 5(21) 

1.  Gene)-al  provisions (21) 

[Note  respecting  prohibitions  on  the 
powers  of  a  State,  imposed  by  the 
Constitution  of  the  United  States]...  (21) 

2.  Powers  specificeilly  denied  to  the  Senate (22) 

3.  Poioers  denied  to  the  House  of  Representa- 

tives   (22) 

4.  To  either  house,   acting  in  its  separate  ca- 

pacity   (22) 

a.  In  matter  of  procedure (22) 

b-  In  matters  special (22) 

5.  To  the  two  houses,  acting  in  joint  session (22) 

6.  To  the  General  Assembly,  acting  in  theexer- 

cise  of  its  ordinary  capacity  of  legislation..  (22) 
rt.  In  matter  of  procedure (22) 

b.  In  matters  of  legislation  generally (23) 

(Rights,  Privileges,  etc.) (23) 

(Apportionment) (24) 

(Appropriations) (24) 

(Compensation  of  public  officers) (24) 

(Contracts) (25) 

(Corporations) (25) 

(Counties) (26) 

(Elections) (26) 

(Finance  and  Taxation) (26) 

(Penal  enactments) (27) 

(Practice) (27) 

(Public  officers— except  as  regards  'mat- 
ter of  their  compensation) (28) 

(Schools) (28) 

(Special  legislation) (28) 

(Miscellaneous) (28) 

c.  In  matters  special (28) 


Reports  to  General  Assembly 

By  Governor 

By  Secretary  of  State 


(2b) 
(29) 
(29) 


5 

31 

15 

14 

1 

44 

19 

15 

57 

1 

2 

2 

2 

2 

2 

2 

2 

6 

1 

16 

6 

2 

,  16 

6 

2 

16 

6 

3 

16 

6  ■ 

3 

17 

6 

3 

17 

6 

4 

17 

6 

14 

19 

6 

5 

17 

clxiv  INDEX  TO  CONSTITUTION. 

Art.  Sec.         Page. 
Government  of  the  U.  S., Office,  appointment,  or  employment,  under,  dis- 
qualifies for  service  as  officer  of  election 3  10  8 

of  the  State,  Powers  of,  how  divided 4  ..  6 

Levy  of  State  tax,  and  appropriations  of  money,  for  defraying 
necessary  expenses  of,  constitute  exceptions  to  rule  requiring 
vote  of  majority  of  two-thirds  of  both  houses  of  General  As-' 
sembly 

free  and  good.  Intelligence  and  virtue  the  bulwark  of. 

State,  Contracts  for  furnishing  stationery,  printing,  paper,  and 

fuel,  for  use  of. 

Oovernment,  Seat  of,  to  be  and  remain   at  Little   Rack 

Governments  instituted  to  secure  the  rights  of  life,  liberty,  property,  repu- 
tation, and  the  pursuit  of  happiness 

derive  their  just  powers  from  theconsjnt  of  the  governed 

Grovernor  an  officer  of  Executive  Department 

Supreme  executive  power  vested  in.  as  Chief  Magistrate 

to  be  styled  "the  Governor  of  the  State  of  Arkansas" 

how  chosen 

Returns  of  election  of. 

Case  of  tie  in  elections  for 

Contested  elections  for 

Contested  elections  for,  in  case  of  elections  to  fill  vacancy,  to  be 
decided  as  may  be  provided   by  law 

Qualifications  for  office  of , 

No  member  of  Congress,  or  person  holding  office  under  author- 
ity oi  State  of  Arkansas  or  U.  S.,  except  as  by  the  Constitu- 
tion provided,  to  exercise  office  of. 

In  case  of  death,  conviction  on  impeachment, failure  to  qualify, 
resignation,  absence  from  State,  or  other  disability  of.  Presi- 
dent of  Senate  to  succeed  to  powers,  duties,  and  emoluments, 
of  the  office,  for  remainder  of  term,  till  removal  of  disabil- 
ity, or  till  election  and  qualification  of  a  Governor 

Office  of,  in  case  of  concurrent  vacancy  in  Governorship 
and  Presidency  of  Senate,  or  of  concurrent  ab- 
sence of  both  officers  from  the  State,  to  be  filled  by 
Speaker  of  House  of  Representatives,  in  like  manner  as  in 
the  preceding  entry  provided 

Vacancy  in  office  of,  not  happening  within  twelve  months 
next  before  expiration  of  term  of  office  for  which  he  shall  have 
been  elected,  to  be  filled  by  election,  in  manner  prescribed 

Term  of  office 

Maximum  salary  to  be  allowed ^. 

Salary  of,  during  two  years  from  adoption  of  Constitution 

Salary  of,  not  be  increased  during  his  term  of  office 

liable  to  impeachment 

to  keep  his  office,  in  person,  at  seat  of  government 

to  issue  writs  of  election  to  fill  such  vacancies  as  shall  occur   in 

either  house  of  the  General  Assembly 5  6  10 

to  be  Commander-in-Chief  of  military  and  naval  forces  of 
State,  except  when  they  shall  be  called  into  actual  service  of 
U.  S 6  6  17 

may  require  information,  in  writing,  from  officers  of  Executive 
Department,  on  subjects  relating  to  duties   of  their  offices 6  7  17 

to  see  that  the  laws  are  faithfully  executed 6  7  17 

to  give  to  General  Assembly  from  time  to  time,  and,  at  close  of 
his  official  term,  to  next  General  Assembly,  information,  by 
message,  concerning  condition  and  government  of  State,  and 
to  recommend  for  their  consideration  such  measures  as  he 
may  deem  expedient '. '6  8  18 

to  keep,  and  use  officially,  a  seal  of  the  State,  to  be  called  the 
"Great  Seal  of  the  State  of  Arkansas" 

to  sign  all  grants  and  commissions 

Bills  passing  both  houses  of  General  Assembly,  to  be  presented 
to,  for  approval 

to  sign  bills  ifhe  approve  them 

to  return  bills  which  he  shall  not  approve,  with  his  objections, 
to  the  house  in  which  they  originated 

to  return  bills  within'five  days,  Sundays  excepted,  after  presen- 
tation to  him;  unless  General  Assembly,  by  adjournment,  pre- 
vent  


6 

14 

18 

6 

1 

16 

19 

11 

57 

Sc 

28 

67 

19 

11 

56 

15 

1 

45 

6 

1 

16 

9 

18 

10  ■ 

18 

15 

19 

15 

19 

6 

16 

6 

17 

6 

18 

6 

18 

INDEX  TO  CONSTITUTION.  clxv 

Art.  Sec.   ■      Page. 

Governor  to  give  notice,  by  public  proclamation,  within  twenty  days    af- 
ter adjournment  of  General  Assembly,  of  disapproval  of  bills 

i             return  of  which  has  been  prevented  by  such  adjournment 6  15  19 
to  file,  in  oflSce  of  Secretary  of  State,  with    his  objections,    bills 
disapproved,  return  of  which  has  been  prevented  by  adjourn- 
ment of  General  Assembly 6                 15  19 
Orders  and  resolutions  in  which  concurrence  of  both    houses   of 
General  Assembly  may  be  necessary,  except  OH    questions    of 
adjournment,  to   be   presented  to,  for  approval,  and,  before 
taking  effect,  to  be  approved  by  him 
to  have  power  to  disapprove  any  item  or  items   of  bill   making 
appropriation  of  money,  embracing  distinct   items 
to  have    power,    in  all  criminal  and  penal  cases  except  those 
of  treason  and  impeachment,    to   grant  reprieves,    commuta- 
tions of  sentence,  and  pardons,  after  conviction,    under    such 
rules  and  regulations  as  shall  be  prescribed  by  law... 
to  have  power,  by  and  with   advice  and  consent   of  Senate,    to 
grant  reprieves  and  pardons    in    cases  of  treason 
in  cases  of  treason,  may  in  the  recess  of  the  Senate,  respite  sen- 
tence until   adjournment  of  next  regular   session    of  General 

Assembly 6  18  20 

to  communicate  to  General  Aesembly,  at  every  regular  session, 
(with  prescribed  statement  of  particulars)  each  case  of  re- 
prieve, commutation,  or  pardon,  and  his  reasons  therefor 6  18  20 

may,  by  proclamation  on  extraordinary  occasions  convene 
General  Assembly  at  the  seat  of  government,  or  at  a  different 
place, if  that  shall  have  become,  since  their  last  adjournment, 

dangerous,  from  an  enemy,  or  contagious    disease 6  19  20 

to  specify,  in  h's  proclamation  convening  extraordinary  session 
of  General  Assembly,  the  purpose  for  which  they  are  con- 
vened   6  19  21 

may,  upon  certificate  by  presiding  officers  of  the  two  houses  of 
the  General  Assembly  of  disagreement  with  respect  to  the 
time  of  adjournment,  adjourn  them  to  a  time  not  beyond  the 
day  of  their  next  meeting,  and  on  account  of  danger  or  dis- 
ease, to  such  other  place  of  safety  as  he  may  think  prop- 
er   6  20  '21 

in  case  of  Vacancy  in  office  of.  Treasurer,  Secretary,  or  Auditor 
of  State,  or  of  Attorney  General,  to  fill  the  same,  by  appoint- 
ment for    unexpired  term '6  22  21 

in  case  of  vacancy  in  office  where  no  mode  is  provided,  by  Con- 
stitution and  laws,  for  filling  the  same,   to   fill    the    same    by 

grant  of  commission 6  23  31 

in  case  of  disqualification  of  any  Judge.of  Supreme    Court,    to 

commission  special  Judge 7  9  23 

Upon  certificate  of  disqualification  of  Judge  of  County  or  Pro- 
bate Court  from  presiding  at  trial,  to   commission  a    Special 

Judge 7  36  28 

to  commission  all  officers.  Constables  excepted,  [i.  e.,  judicial 
officers,  officers  of  courts. and  officers  of  counties], provided  for 

in  Art.  VII  of  Constitution 7  48  31 

to  fill,  by  appointment,  vacancies  occurring  in  county  and 
township  offices,  six  months,  and  in  others  nine  months,  be- 
fore next  general  election 

may,  by  and  with  advice  and  consent  of  Senate,    appoint   State 

Geologist,  upon  creation  of  such  office 

may  at  all    times  remove  State  Geologist,  for   incompetency   or 

gross  neglect  of  duty 

Power  of,  to  call  out  the  volunteers  or  militia 

Power  of,  to  remuve  State  officers,  etc.,  upon  address  of  General 

Assembly 

Contracts  for  stationery,  printing,  paper,  and  fuel,  for  use  of 
General  Assembly  and  other  departments  of  Government,  for  • 
printing,  binding,  and  distributing,  of  laws,  journals,  depart- 
ment reports,  and  all  other  printing  and  binding;  and  repair- 
ing and  furnishing  halls  and  rooms  for  use  of  General  Assem- 
bly, to  be  subject  to  approval    of. 

Record  of  all  official  acts  and  proceedings  of,  with  all  papers, 
minutes,  and  vouchers,  relating  thereto,  to  be  laid,  by  the 
Secretary  of  State,  when  so  required,  before  either  branch  of 
the  General  Assembly 


7 

50 

31 

10 

2 

40 

10 

2 

40 

11 

3 

40 

dxvi  INDEX  TO  CONSTITUTION. 

Art.  Sec.       Page. 

Governor,  Disqnalification  of  Judges  of  County  and  Probate  Courts  from 

presiding  at  trial,  to  be  certified  to 7  36  28 

Returns  of  elections  for  ofiBcers  who  are  to  be  commissioned  by,  ~ 

except  as  otherwise  provided  by  Constitution,    to  be  made    to 

Secretary  of  State 19  10  56 

First  election  for Sc  3  61 

to  issue  proclamation  enjoining  preservation  of  good  order,  etc., 

on  day  of  election  under  Schedule Sc  6  62 

chosen  at  first  election.  Return  and  announcement  of  election 

of. Sc  17  65 

first  elected,  when  to  enter  upon  discharge   of  his  duties Sc  17  65 

to  commission  all  oflScers  chosen  at  election  held  under  pro- 
visions of  Schedule  to  the  Constitution Sc  18  65 

Grand  Jury,  Presentment  or  indictment  of,  requisite  to  criminal  prosecu- 
tions, except  in  cases  specified 2  8  3 

Grants  to  be  issued  in  the  name  and  by  authority  of  the  State,  sealed  with 
the  Great  Seal  of  the  State,  signed  by  Governor,  and  attested 

by  Secretary  of  State 6  10  18 

Special  or  exclusive,  under  which  bona  fide  organization  be  not 
made,  and  business  commenced  in  good  faith,  at  time  of  adop- 
tion of  Constitution,  declared  invalid 12  1  41 

of  the  State,  to  corporations.  Power  to  tax  the  corporation  or  its 

property  not  to  be  surrendered  or  suspended  by 16  7  47 

GratUude  to  God,  for  free  choice  of  form  of  government,  and  for  civil  and 

religious  liberty Pr  . .  1 

Great  Seal  of  the  State  of  Arkansas 6,  19  9,  25  18,  60 

of  the  State  to  be  aflBxed  to  grants  and  commissions ».  6  10  18 

CroM/wis  used  exclusively  for  school  purposes,  exempt  from  taxation 16  5  47 

used  exclusively  for  public  charity,  exempt  from  taxation 16  5  47 

Guardians,  Courts  of  Probate  to  have  exclusive  original  jurisdiction,  as 

may  be  prescribed  by  law,  in  matters  relative  to 7  34  28 

Homesteads  subject  to  seizure  under  judgments  against,    for 

moneys  collected  by  them 9  3  38 

Competency  of.  as  witnesses,  in  actions  by  or  against Sc  2  61 


H. 


Habecu  Corpus,  Suspension  of  privilege  of 2  11  4 

Supreme  Court  may  issue  writs  of,  in  aid  of  its  appellate  and 

supervisoryjurisdiction 7  4  22 

Power  of  County  Judges  to  issue  writ  of,  in  case  of  absence  of 
Circuit  Judge  from  county 7  37  29 

Halls  used  for  meetings  of  General  Assembly  and  its  committees.  Repair- 
ing and  furnishing  of,  to  be  performed  under  contract,  to  be 
given  to  lowest  responsible  bidder,  below  maximum  price, 
under  regulations  to  be  prescribed  by  law 19  15  57 

Happiness,  Ri^t  of  every  man  to  pursue  his  own,  inherent  and  inalien- 
able  

Hawkers,  General  Assembly  may  tax 

Hearing,  Eight  of  accused  to 

Hereditary  emoluments,  privileges,  and  honors,  forever  prohibited 

Highways,  public.  Railroads,  canals,  and  turnpikes,  to  be 

Holding  over  of  officers,  until  election  and  qualification  of  successors 

Homestead  exemvtion 

of  residents,  married,  or  heads  of  families 

Limits  of,  outside  of  city,  town,  or  village 

Limits  of.  in  city,  town,  or  village 

for  benefit  of  widow 

for  benefit  of  minor  children 

Exceptions  to  rule  of 

Honors,  Hereditary,  forever  prohibited 

House,  security  of,  against  unreasonable  searches  and  seizures.  Right  to.. 

Houses,  Quartering  of  soldiers  in 

House  of  Representatives— see  Representatives,  House  of. 
House  of  Representatives,  Speaker  of— see  Speaker. 
Husband,  Separate  property  of  wife  not  to  be  subject  to  debts'of , 


2 

2 

2 

16 

5 

47 

2 

10 

4 

2 

19 

5 

17 

1 

48 

19 

5 

56 

9 

3.4,5, 
6,9.10 

38,  39 

9 

3 

38 

9 

4 

38 

9 

5 

38 

9 

6 

38 

9 

6,10 

38,  39 

9 

3 

38 

2 

19 

5 

2 

15 

5 

2 

27 

7 

INDEX  TO  CONSTITUTION. 


clxvii 


I. 


Idiots  not  entitled  to  privileges  of  elector 

Courts  of  Probate  to  have  exclusive  original  jurisdiction,  as  may 

be  prescribed  by  law,  in  matters  relative  to 

Immorality,  gross,  Removal  of  county  and  township  ofiBcers  for 

Immunities,  Equality  of 

Immunity,  Citizen  not  to  be  deprived  of,  on  account  of  race,  color,  or  pre- 
vious condition 

Impeachment  and  Address 

Impeachment,  House  of  Representatives  to  have  sole  power  of 

Officers  liable  to 

Grounds  of 

Action  of  grand  jury  not  requisite  in  cases  of. .... 

to  be  tried  by  the  Senate 

Proceedings  in  trial  of 

of  Chief  Justice,  Selection  of  presiding  officer  in  case  of 

Judgment  in,  limited  to  removal  from  office,  and  disqualification 

to  hold  any  office  of  honor,  trust  or  profit  under  this  State 

No  bar  to  indictment 

Case  of,  an  exception  to  Governor's  power  to  grant  reprieves, 

commutations  of  sentence,  and  pardons 

of  Governor,  Office  how  filled  in  case  of  conviction  upon„ 

of  President  of  Senate  during  vacancy  in  office  of  Governor, 

Governorship  how  filled  in  case  of. 

pending,  regular  biennial  session  of  General  Assembly  may 

exceed  sixty  days  in  duration 

Imprisonment,  except  by  judgment  of  peers  or  law  of  the  land,  prohibited 

Imprisonment  for  debt,  unless  in  cases  of  fraud,  prohibited 

Improvement,  internal,  of  counties.  County  Courts  to  have  exclusive  orig- 
inal jurisdiction  in  all  matters  relating  to 

Improvements  .local,  in  towns  or  cities.  Assessments  on  real  property,  for... 

Inalienable  rights  of  man 

of  freedom  of  conscience  and  of  religious  worship 

Incompetency,  Removal  of  county  and  township  officers  for 

or  gross  neglect  of  duty.  State  Geologist  may  be  removed  for 

Incorporation— see  Corporations. 
Incorporated  Companies— see  Corporations. 
Indebtedness— see  Debt,  and  Debts. 

Indebtedness,  Public,  of  State,  of  counties,  and  of  municipal  corporations 
— see  Debt,  Public. 

Independence,  Natural,  of  all  men 

Indictment  or  presentment  of  grand  jury,  requisite  to  criminal  prosecu- 
tions, except  in  cases  specified 

Style  of. 

General    Assembly   may   dispense  with,  in   criminal   matters 

cognizable  by  Corporation  Courts 

Punishment  for  contempt  or  disorderly  behavior  in  presence  of 

either  house  of  General  Assembly,  not  a  bar  to,  for  same  offence 

Proceedings  to  expel  member  of  General  Assembly  for  criminal 

offence,  no  bar  to 

Impeachment  no  bar  to 

Removal  of  county  and  township  officers  upon 

Individuals,  General  laws  not  to  be  suspended,  by  legislature,  for  benefit 

of^ 

Ineligibility— see  Disqualification . 
Infamous  crime.  Conviction  of,  after  adoption  of  Constitution,  disquali- 
fies for  seat  in  General  Assembly,  or  office  of  trust  or  profit 

Infamy,  public,  "Witness  in  election  investigations  not  permitted  to  with- 
hold his  testimony  because  it  would  subject  him  to 

Infantry,  Volunteer  companies  of. 

Infants,  above  the  age  of  six,  entitled  to  gratuitous  instruction  in  free 

schools 

Inferior  courts— see  Courts,  Inferior. 
Influencing  public  officer   in  performance  of  duty,  by  gift,  promise,  etc. , 

constitutes  felony 

Information,  in  writing,  from  officers  of  Ex.  Department,  Governor'may 

require 

Communication  of,  by  GoTernor,  to  General  Assembly 


7 

34 

28 

7 

27 

27 

2 

18 

5 

2 

3 

2 

15 

.. 

45 

15 

2 

45 

15 

1 

45 

15 

1 

45 

2 

8 

3 

15 

2 

45 

15 

2 

45 

15 

2 

45 

15 

1 

45 

15 

1 

45 

6 

18 

20 

6 

12,13  14   , 

18 

6 

13 

18 

5 

17 

12 

2 

21 

5 

2 

16 

5 

7 

28 

27 

19 

27 

60 

2 

2 

2 

2 

24 

6 

7 

27 

27 

10 

2 

40 

2 

2 

2 

2 

8 

3 

7 

49 

31 

7 

43 

30 

5 

12 

12 

5 

36 

16 

15 

1 

45 

7 

27 

27 

3 

9 

8 

11 

2 

40 

14 

1 

44 

5 

35 

16 

6 

7 

17 

6 

8 

18 

clxviii  INDEX  TO  CONSTITUTION. 


Information,  Removal  of  county  and  township  oflScers  upon 

Inhabitants  of  the  State,  Enumerations  of— see  Census. 

Injuries,  Right  to  remedy  for 

to  person  or  property,  or  resulting  in  death,   Right  of  action 

for 

Injunction,  writs  of.  Power  of  County  Judge  to  issue,  in  absence  of  Cir- 
cuit Judge  from  county 

Insane  persons  not  entitled  to  privileges  of  elector 

Courts  of  Probate  to  have  exclusive  original  jurisdiction,  as 

may  be  prescribed  by  law,  in  matters  relative  to 

General  Assembly  to  provide  for  support  of  institutions  for  treat- 
ment of..... 

Institutions,  Counties  and  municipal  corporations  prohibited  from  appro- 
priating money  for,  or  loan  of  credit  to 

foreducationof  deaf  and  dumb,  and  treatment  of  insane.  Gen- 
eral Assembly  to  provide  for  support  of. 

Instruction,  gratuitous,  in  free  schools.  What  persons  entitled  to 

Instructions  to  juries,to  declare  the  law,  not  matters  of  fact 

to  juries,  to  be  reduced  to  writing  on  request  of  either  party 

Insurrection,  Suspension  of  habeas  corpus  in  case  of 

Levy  of  State  tax.  and  appropriations  of  money,  to  suppress, 
constitute  exceptions  to  rule  requiring  vote  of  majority  of  two- 
thirds  of  both  houses  of  General  Assembly 

ij" Power  of  Governor  to  call  out  volunteers  or  militia  to  repress... 

State  may  contract  debts  to  suppress 

Intelligence  a  safeguard  of  liberty  and  bulwark  of  free  and  good  govern- 
ment  

Interest  on  part  of  Judge  or  Justice  of  the  Peace  to  disqualify  from  presid- 
ing at  trial .". 

in  civil  actions,  no  bar  to  competency  of  witnesses 

imonetai-y]  Rate  of. 

Interest-bearing  evidences  of  indebtedness.  Issue  of,  by  counties  or  muni- 
cipalities, prohibited 

Interest-bearing  treasury  xvarrr ants  or  scriv,  b'tate  never  to  issue 

Iniemalimprovement  of  counties.  County  Court  to  have  exclusive  origi- 
nal jurisdiction  in  all  matters  relating  to 

Intestaie,  Competency,  in  certain  actions,  of  testimony  as  to  transactions 

with  or  statements  of. 

Intoxicating  liquors.  Sale  or  gift  of,  during  day  or  night  of  election  under 

Schedule,  prohibited .• 

Invasion,  Suspension  of  habeas  corpus  in  case  of. 

Levy  of  State  tax,  and  appropriations,  to  repel,  constitute  eX' 
ceptions  to  rule  requiring  vote   of  majority   of  two-thirds   of 

both  houses  of  General   Assembly 

Power  of  Governor  to  call  out  volunteers  or  militia  to  repel 

State  may  contract  debts  to  repel 

Investigations  of  elections.  Rule  as  to  divulging  elector's  vote  in 

of  elections.  Rule  as  to  self-crimination,  etc.,  of  witnesses  in.. 
See,  also.  Elections,  Contested, 

Involuntary  servitude,  except  as  punishment  for  crime,  prohibited 

Items  of  appropriation  bills.  Power  of  Governor  to  disapprove 

of  appropriation  bills,  disappproved  by  Governor,  to  be  void  un- 
less re-passed  as  prescribed  in  case  of  bill 


J. 


Jeopardy  of  life  or  liberty.  No  person  to  be  twice  put  in,  for  same  ofiFenco 
Johnson  County,  General  provisions  of  Art.  XIII,  Sec.  1,  not  to  apply  to 

Johnson  and  Pope  counties.  Line  between 

Joint  orders— see  Orders. 
Joint  Resolutions— see  Resolutions,  Joint. 
Joint  Sessions: 

Whenever  an  officer,  civil  or  military,  shall  be  appointed  by  the 
joint  or  concurrent  vote  of  both  houses,  or  by  the  separate 
vote  of  either  house;  the  vote  to  be  taken  viva  voce,  and  enter- 
ed on  the  journals 


Art. 

Skc. 

Pagk. 

7 

27 

27 

2 

13 

4 

5 

32 

15 

7 

37 

29 

3 

5 

8 

7 

34 

28 

19 

19 

58 

12 

5 

41 

19 

19 

58 

14 

1 

44 

7 

23 

26 

7 

23 

26 

2 

11 

4 

5 

31 

15 

11 

4 

40 

12 

12 

.  43 

14 

1 

44 

7 

20 

25 

Sc 

2 

61 

19 

13 

57 

16 

1 

46 

16 

1 

46 

7 

28 

27 

Sc 

2 

61 

Sc 

15 

63 

2 

11 

4 

5 

31 

15 

11 

4 

40 

12 

12 

43 

3 

3 

8 

3 

9 

8 

2 

27 

6 

6 

17- 

20 

2 

8 

3 

13 

1 

43 

13 

1 

43 

INDEX  TO  CONSTITUTION.  clxix 


I 


Returns  of  election  for  Governor,  Secretary  of  State,  Treasurer 
of  State,  Auditor  of  State,  and  Attorney-General  respec- 
tively, to  be  sealed  up  separately  and  transmitted  to  the  seat 
of  government,  by  the  returning  ofiBeers,  and  directed  to  the 
Speaker  of  the  House  of  Representatives 

Speaker  of  the  House  of  Representatives,  during  the  first  week 
of  the  session,  to  open  and  publish,  in  the  presence  of  both 
houses,  the  votes  cast  and  given  for  Governor,  Secretary  of 
State,  Treasurer  of  State,  Auditor  of  State,  and  Attorney- 
General,  respectively 

Upon  the  publication  of  the  votes   for  Governor,   Secretary   of 
Treasurer,  Auditor,  and  Attorney- General,  respectively,  the 
'h                 person  having  the  highest  number  of  votes  for   each  of  the 
respective  offices,  to  be  declared  duly  elected  thereto 

If  two  or  more  persons  shall  be  equal  and  highest  in  votes  for 
office  of  Governor,  Secretary,  Treasurer,  Auditor,  or  Attor- 
ney-General, respectively,  one  of  them  to  be  chosen  by  the 
joint  vote  of  both  houses,  and  a  majority  of  all  the  mem- 
bers elected  to  be  necessary  to  a   choice 

Contested  elections  for  Governor,  Secretary  of  State,  Treasurer 
of  State,  Auditor  of  State,  and  Attorney-General,  to  be  deter- 
mined by  the  members  of  both  houses  in  joint  session ;  who 
shall  have  exclusive  jurisdiction  in  trying  and  determininit 
the  same,  except  as  thereafter  in  the  Constitution  provided  in 
the  ease  of  special  elections  [being  the  case  of  special  elections 
to  fill  vacancies  in  the  office  of  Governor— See  Art.  VI,  Sec.  14, 
p.  18] 

Contested  elections  for  Governor,  Secretary  of  State,  Treasurer 
of  State,  Auditor  of  State,  and  Attorney-General,  to  be  deter- 
mined at  the  first  session  of  the  General  Assembly  after  the 

election  in  which  the  same  shall  have  arisen 

Joint  seasiona  of  both  houses  of  General  Assembly;  To  witness  opening  and 
publication  of  returns  of  election  of  officers  of  Executive  De- 
partment  

Jones,  Dudley,  E.,  a  member  of  the  State  Board  of  Supervisors  of  Election 

under  Schedule 

Journal,  Each  house  of  General  Assembly  to  keep,  of  its  proceedings 

of  each  house  of  General  Assembly  to  be  published  from  time  to 
time,  except  such  parts  as  require  secrecy 

Yeas  and  nays,  at  desire  of  five  members  of  either  house  of  Gen- 
eral Assembly,    to  be  entered  on 

Yeas  and  nays,  on  final  passage  of  bills,  to  be  recorded  on 

of  house  to  which  bills  disapproved  are  returned  by  Governor, 
to  have  entered  upon  it  at  large  his  objections  thereto 

of  house  to  which  joint  and  concurrent  orders  or  resolutions  dis- 
approved are  returned  by  Governor,  ^to  have  entered  upon  it 
at  large  his   objections  thereto 

of  house  to  which  items,  disapproved,  of  appropriation  bills,  are 
returned  by  Governor,  to  have  entered  upon  it,    at  large,  his 

objections  thereto 

Journals,  Vote  on  elections  of  officers  in  General  Assembly  to  be  entered 
on « 

of  Senate  and  House  of  Representatives  to  have  entered  upon 
them  the  names  of  members  voting  for  and  against  bills  return- 
ed, by  Governor,  disapproved 

of  Senate  and  House  of  Representatives  to  have  entered  upon 
them  the  names  of  members  voting  for  or  against  joint  and 
concurrent  orders  or  resolutions  returned,  by  Governor, disap- 
proved  

of  Senate  and  House  of  Representatives  to  have  entered  upon 
them  the  names  of  members  voting  for  or  against  items,  re- 
turned by  Governor  disapproved,  of  bills  making  appropria- 
tions  

Vote  upon  question  of  continuance  of  session  after  disposal  of 
business  set  forth  in  Governor's  proclamation  calling  extraor- 
dinary session,  to  be  entered  upon 

Proposed  amendments  to  Constitution,  if  agreed  to  by  a  majori- 
ty of  all  membeis  elected  to  each  house,  to  be  entered  on,  with 
yeas  and  nays 

17 


Aet.  Sec.         Page. 


Sc 

7 

62 

5 

12 

12 

5 

12 

12 

5 

12 

12 

5 

22 

IS 

19 

15 

19 

20 

1.  So 

11,  28 

5 

7 

7 

20 

8 

35 

7 

23 

7 

9 

7 

21 

17 

36 

7 

36 

2 

21 

15 

1 

7 

42 

clxx  INDEX  TO  CONSTITUTION. 

1.ET.  Sec,  PiOB. 
Jbumafo.lPrinting,  binding,  and  distributing,  of,  to  be  performed  under 
contract,  to  be  given  to  lowest  responsible  bidder,  below  maxi- 
mum price,  under  regulations  to  be  prescribed  by   law 

Judges,  Oath  of  office  of. 

Salaries  of,  etc 

ineligible  to  seat  in  either  house  of  General  Assembly 

Disqualifications  of,  from  presiding  at  trial 

Offer  to,  or  acceptance  by,  of  consideration,  to  influence  ofi&cial 

action  of,    constitutes  felony 

Duties  of,  in  matter  of  charges  to  juries 

Judge*  superior.  Power  of,  to  review,  in  vacation,  orders  fori  injunction, 
and  other  provisional  writs,  issued  by  County  Judge  in  absenca 

of  Circuit  Judge  from  county 

Judges  of  Supreme  Court— see  Courts,  Supreme,  Judges  qf. 
Judges  of  Circuit  Court — see  Courts,  Circuit,  Judges  of. 
Judge  of  Chancery  Courts — see  Courts  of  Chancery,  Judges  of. 
Judged  of  Pulaiki  Chancery  durt    see  Gturt— Pulaski  Chancery,  Judge  of. 
Judges  of  County  Courts — see  Courts,  County,  Judges  of. 
Judges  of  Probate  Courts— see  Courts,  Probate,  Judges  of. 
Judges  of  Courts  of  Common  Pleas— see  Courts  of  Common  Pleas,   Judge*  of. 
Judges  of  Corporation  Courts — see  Courts,  Corporation,  Judges  of. 
Judges  of  inferior  courts — see  Courts,  Inferior,  Judges  of. 
Judges  of  Elections— see  Elections. 

Judges  of  Election  under  Schedule— see  Election  under  Schedule,  Judges  of. 
Judges,  Special : 

of  the  Supreme  Court 

of  the  Circuit  Courts 

of  County  Courts 

of  Probate  Courts 

Judgment   of  peers 

Judgement  in  impeachment,  how  limited 

Judgments,  final,  of  Justices  of  the  Peace,  Appeals  from _ 

Homesteads  not  to  be  subject  (with  exceptions  stated),  to  liens 

of 9  3 

See,  also.  Appeals. 

Judicial  Circuits 18 

[For  Table  showing  apportionment  of  counties  to  judicial 
circuits,  as  prescribed  until  otherwise  provided  by  General 
Assembly,  see  at  close  of  Index.] 
Jumdiction,  Exclusive,  (with  exception  stated)  of  two   heuses    of    Gen- 
eral Assembly  in  joint  session,  in  case  of  contested  elections 

for  officers  of  Executive  Department t  4 

incases  of  imp5achment K 

But  see  Courts,  under  separate  head  of  each  court 

Juries,  Charges  to .-. 7  23 

Jury,  Right  of  trial  by 2  7 

Trial  by,  may  be  waived  by  the  parties 1  7 

Right  of  trial  by,  to  extend  to  all  cases  at  law,  without  regard 

to  amount  in  controversy 8  7 

Division  of  opinion  of,  in  criminal  prosecution 2  8 

Right  of  trial  by,  in  criminal  prosecutions 2  10 

to  ascertain  amount  of  compensation  for  property  or  right  of 

way  appropriated  to  use  of  corporations 12  9' 

in  question  of  parallelism  or  competition  of  lines  of  railroads 

or  canals 17  4 

Jury,  Grand— see  Grand  Jury. 

ustice.  Right  to  obtain 2  13 

U8ti/?cation  may  be  pleaded  in  criminal  prosecutions  for  libel 2  6  3 

Justices  of  Supreme  Court— see  Court,  Swpreme,  Judges  of. 
TiCES  OP  THE  Peace  : 

Officers  of  the  Judicial  Dtpartment.-T'he  'i\xA\ei9.\  power  of  the 

State  is  in  part  vested  in  Justices  of  the  Peace 7  1  22 

Election,— The  qualified  electors  of  each  township  shall  elect  the 

Justices  of  the  Peace  for  the  term  of  two  years 7  38  29 

Number  o/.— For  every  two  hundred  electors  there  shall  be  elected 
one  Justice  of  the  Peace ;  but  every  township,  however  small, 

shall  have  two  Justices  of  the  Peace 7  39  29 

Term  of  offlce.—They  shall  be  elected  for  the  term  of  two  years..  7  38  29 
Qualifications.— A.  Justice  of  the  Peace  shall  be  a  qualified  elec- 
tor, and  a  resident  of  the  township  f«r  which  he  is  elected 7               il  30 


INDEX  TO  CONSTITUTION.  clxxi 

Am.  Sec.  Pagb. 

Commissions.— J natieea  of  the  Peace  shall  be  eommissioned  by 
the  Governor T  S8,  48  29,  SI 

Oath  of  office.— Before  entering:  on  the  duties  of  their  respec- 
tive oflBces,  they  shall  take  and  subscribe  to  the  following  oath 

or    afiSrmation  :    "I.    ,     do    solemnly    swear 

(or  afiBrm)  that  I  will  support  the  Constitution  of  the  United 
States,  and  the  Constitution  of  the  State  of  Arkansas,  and 
that  I  will  faithfully  discharife  the  duties  of  the  office  of  Jus- 
tice of  the  Peace,  upon  which  I  am  now  about  to  enter." 10  20  58 

Endorsement  of  oath  upon  commission. — Their  official  oath  shall 
be  endorsed  on  their  commission 7  38  29 

Other  civil  offices  for  which  not  disqualified. — Justices  of  the 
Peace  are  eligible  to  a  seat  in  either  house  of  the  General 
Assembly „ §71 

And  to  serve  as  election  officers 3  10  S 

Jurisdiction.— They  shall  have  original  jurisdiction  in  Ithe  fol- 
lowing matters : 

1.  Exclusive  of  the  Circuit  Court,  In  all  matters  of  contract 
where  the  amount  in  controversy  does  not  exceed  the  sum 
of  one  hundred  dollars,  excluding  interest ;  and  concurrent 
jurisdiction  in  matters  of  contract,  where  the  amount  in 
controversy  does  not  exceed  the  sum  of  three  hundred  dol- 
lars, exclusive  of  interest 7  4  £9 

2.  Concurrent  jurisdiction  in  suits  for  the  recovery  of  personal 
property,  where  the  value  of  the  property  does  not  ^exceed 
thn  sum  of  three  hundred  dollars  ;  and  in  all  matters  of 
damage  to  personal  property  where  the  amount  in  contro- 
versy does  not  exceed  the  sum  of  one  hundred  dollars 7  40  29 

3.  Such  jurisdiction  of  misdemeanors  as  is  now,  or  maybe, 

prescribed  by  law 7  40  29 

4.  To  sit  as  examining  courts,  and  commit,  discharge,  or  rec- 
ognize offenders  to  the  court  having  jurisdiction,  for  further 
trial;   and  to  bind  persons  to  keep  the  peace,  or  for  good 

behavior 7  40  29 

5.  For  the  foregoing  purposes,  they  shall  have  power  to  issue 

all  necessary  process 7  40  30 

6.  They  shall  be  conservators  of  the  peace  within  their  respec- 
tive counties 7  40  3# 

Provided,  a  Justice  of  the   Peace   shall   not  have  jurisdiction 

where  a  lien  on  land,  or  title  or  possession  thereto  is  involv- 
ed       7  40  50 

General  Assembly  may  make  criminal  cases  cognizable  by  Jus- 
tices of  the  Peace,  and  courts  of  similar  jurisdiction,  which 

shall  form  exceptions  to  the  requirement  of  presentment  or 

indictment  by  a  grand  jury 2  H  i 

Superintending  control  and  appellate  jurisdiction  of  Circuit  Courts. 

—The  Circuit  Courts  shall  exercise  a    superintending  control 

and  appellate  jurisdiction  over  Justices  of  the  Peace;  and  shall 

have  power  to  issue,  hear,  and  determine,    all   the  necessary 

writs  to  carry  into  effect  their   general  and    specific  powers, 

any  of  which  writs  may  be  issued  upon  order  of  the   Judge   of 

the  appropriate  court,  in  vacation 7  14  24 

^j)peai8.— Appeals  may  be  taken  from  the  final  judgments   of 

the  Justices  of  the  Peace,  to  the  Circuit   Courts,    under  such 

regulations  as  are  now,  or  may  be,  provided  by   law 7  42  30 

Disqualification  to  preside  at  trial,— ^o  Justice   shall   preside  in 

the  trial  of  any  cause  in  the  event  of  which  he  may   be   inter- 

ested,  or  where  either  of  the  parties  shall   be  connected   with 

him  by  consanguinity  or  affinity,  within  fsuch  degree  Jas  may 

be  prescribed  by  law;  or  in  which  he  may  have  been  of  coun- 
selor have  presided  in  any  inferior  court 7  20  25 

Quorum  of  th*    County. — The   Justices  of  the  Peace   of    each 

county,  to  sit  with  and   assist  the  County  Judge  in  levying 

county  taxes,  and  in  making  appropriations  for  the  expenses 

of  the  county,  in  the  manner  to  be  prescribed  by  law,  and  the 

County  Judges,  together  with  a  majority  of  the   Justices,   to 

constitute  the  Court,  who  shall  elect  one  of  their  members  to 

preside.  The  General  Assembly  to  regulate,  by  law,  the  man- 
ner of  eompelling  th«  attendance   of  such  quorum 7  30  27 


clxxii  INDEX  TO  CONSTITUTION. 


But  see  Township  officers,  and,  under  head  of  Officers,  sub- 
head. "Provisions  applicable  to  all  public  officers." 


Knowledge  essential  to  good  gOYcrnment.. 


K 


L. 


Skc. 


9 

3 

3S 

13 

1 

43 

13 

4 

44 

7 

32 

28 

7 

40 

30 

2 

28 

7 

Laborers'  liens.  Homestead  subject  to 

Lafayette  county,  General  provisions  of  Art.  XIII,  See.  1,  not  to  apply  to... 

County  line  may  run  withing  ten  miles  of  county  seat  of 

Land,  Courts  of  Common  Pleas  not  to  be  vested  with  jurisdiction  in  mat- 
ters involving  title  to 

Jurisdiction  prohibited  to  Justices  of  the  Peace  where  lien  on, 

or  title,  or  possession  to,  involved 

Lands,  Tenure  of  (exclusively  allodial) 

sixteenth  section,  Transfer,  from  Pulaski  Chancery  Court,  to 
counties  where  lands  located,  of  suits  and  proceedings  re- 
lating to,  or  to  money  due  for 7  44  30 

See,  also,  Beal  property. 
Law,  the,  Equality  of  all  persons  before,  recognized,  and  ever  to  remain 

inviolate 2  3  2 

due  process  of.  Right  to 2  8  3 

of  the  State  not  to  be  suspended  or  set  aside,  except  by  General 
Assembly 2  12  4 

of  the  land.  None  to  be  touched  in  life,  liberty,  property  or 

privilege,  except  in  accordance  with 2  21  5 

See,  also.  Special  Laws,  and  for  full  digest  of  restrictions 
upon  special  and  local  legislation.  General  Assembly,  un- 
der sub-head  of  Powers  Dtnied. 

Common— see    Common  Law. 
Laxos  of  the  State  not  to  be  suspended  or  set  aside,  but  by  General  As- 
sembly  

Right  to  remedy  in  the,  for  injuries  and  wrongs 

Remedy  for  injuries  and  wrongs  to  be  conformable  to  the 

Bills  of  attainder  prohibited 

Ex  post  facto,  prohibited ' 

impairing  obligation  of  contracts,  prohibited 

making  distinction  between  resident  aliens  and  citizens,  in  the 
matter  of  property,  prohibited 

giving  preference  to  any  religious  establishment,  .denomina- 
tion, etc.,  prohibited 

for  protection  of  equal  religious  liberty,  to  be  passed 

contrary  to  provisions  of  Declaration  of  Rights,  or  to  the  other 
provisions  of  the  Constitution  to  be  void 

•whereby  the  right  to  vote  at  any  election  shall  be  made  to  de- 
pend upon  any  previous  registration  of  the  elector's  name, 
prohibited ' 

election,  of  the  State,  Willful  and  corrupt  violation  of,  to  con- 
stitute felony,  and  disqualify  from  ofl&ces  of  trust  or  profit- 
Style  of. 

not  to  belpassed  except  by  bill 

Revival,  amendment,  and  extension  or  conferment  of  pro- 
visions, of. 

local.'and  special.  Restrictions  upon  General  Assembly,  respect- 
ing passage   of.      I  But    see,   also,  for  full  digest.   "Special 
Legislation"] 

General,  where  applicable,  no  special  law  to  be  enacted 

Pre-existing,  on  subject-matter  of  claims,  indispensable  to  ap- 
propriation or  payment  unless,  etc 

making  appropriations,  Requisites  of. 

making  general  appropriations.  Restriction  on  contents  of 

Separate,  and  embracing,  each,  but  one  subject,  required,  to 
make  appropriations  other  than  for  ordinary  expenses  of  leg- 
islative, executive,  and  judicial  departments  of  State 5  30  15 

criminal,  Indictment  and  punishment  under,  not  barred  by 
proceedings  to  expel  member  of  General  Assembly 5  36  16 

Faithful  execution  of,  Governor  to  see  to 6  7  17 


2 

12 

4 

2 

13 

4 

2 

13 

4 

2 

17 

5 

2 

17 

5 

2 

17 

5 

2 

20 

-- 

2 

24 

,; 

2 

25 

G 

2 

29 

7 

3 

6 

8 

5 

19 

13 

5 

21 

13 

5 

24,  2&,  26 

11 

5 

25 

U 

5 

27 

14 

5 

29 

15 

5 

30 

15 

INDEX  TO  CONSTITUTION.  clxxiii 


Laws,  power    of    Governor  to   call  out  volunteers  or  militia  to  exe- 
cute  

General,  creating'corporations,  may  be  altered  or  repealed 

regulating  public  schools,  Execution  of,  to  be  vested  as  may 

be  provided    by  General  Assembly 

exempting -property  from  taxation,  other  than  as  provided  in 

Constitution,  void 

imposing  taxes,  to  state  distinctly  the  object  thereof 

for  benefit  of  corporations.  Condition  of  passage  of. 

Printing,  binding,  and  distributing,  of,  to  be  performed  under 
contract,  to  be  given  to  lowest  responsible  bidder,  below  maxi- 

jr.j  mum  price,  under  regulations  to  be  prescribed  by  law 

Revision,  digesting,  arrangement,  publication,  and  promulga- 
tion, of. 

not  in  conflict   with   Constitution,  to    remain   in  force  until 

amended  or  repealed  by  General  Assembly 

Exemption,  in  force  at  adoption  of  Constitution  of  1868,  to  re- 
main   in   force   with   regard   to  contracts  made  before  that 

time 

See,  also.  Acts,  and  Bill». 
Leases  of  lines  of  railroad  or  canal,  by  parallel  or  competing  lines,  their 

lessees,  etc, ,  prohibited 

Legislation,  Special— see   Special  Latoa,  Loccd  Lawe,  and,  for^fall  digest 
Special  Legislation. 

Legislative  Department 

Ordinary  expenses  of,  to  be  provided  for  in  general  appropria- 
tion  bill 

Legislative  powers  of  State  government  confided  to  separate  body  of  mag- 
istracy  

Legislative  power  vested  in  General  Assembly 

Legislature — see  General    Assembly. 

Legitimation  of  children,  not  to  be  efi"ected  by  special  law 

Levy  of  taxes — see  Tax,  Taxation,  and  Toxm. 

Levying  war  against  the  State  to  constitute  treason 

Liabilities  of  railroad  or  other  corporations   held  or  owned  by  State 

See  Debt  and  Debt*. 

Libel,  Criminal  prosecutions  f«r 

Truth  may  be  given  in  evidence,  in 

Liberties,  Disseizure  of,  except  by  judgment  of  peers  or  law  of  the  land, 

prohibited 

Liberty,  civil  and  religious.  Acknowledgement  of  gratitude!  to  God  for 

civil  and  religious,  Perpetuation  and  security  of,  one  of  the 

objects  of  the  Constitution 

Right  of  enjoying  and  defending,  inherent  and  inalienable 

of  the  press  and  of  speech 

None  to  be  deprived  of,  without  due  process  of  law 

personal,  jeopardy  of.  No  person  to  be  twice  put  in,  for  same 

offence 

None  to  be  deprived  of,  except  by  judgment  of  peers  or  law  of 

the  land 

religious.   Natural   and  indefeasible   right   of. 

of  conscience.  Right  of. 

of  worship 

of  speech  and  debate,  in  session  of  General  Assembly 

Intelligence  and  virtue  the  safeguards  of. 

But  see,  also.  Freedom. 

Libraries  used  exclusively  for*  school  purposes,  exempt  from  taxation 

Lien  on  land,  jurisdiction  prohibited  to  Justices  of  the  Peace  where  in- 
volved  

Liens   of  judgments  or   decrees    (with  exceptions   stated— see    below). 

Homesteads  not  subject  to  seizure  under 

specific,  Homesteads  subject  to — 

Laborers'  or  mechanics',  for  improvement.  Homestead  subject 

to  seizure  under v 

Life,  Right  of  enjoying  and  defending,  inherent  and  inalienable 

jeopardy  of.  No  person  to  be  twice  put  in,  for  same  offence 

None  to  be  deprived  of,  without  due  process  of  law 

None  to  be  deprived  of,  except  by  judgment  of  peers  or  law  of 

the  land 

Survivors'  right  of  action  for  injuries  resulting  in  loss  of. 


RT. 

Sec. 

Page. 

11 

4 

40 

12 

6 

42 

14 

4 

45 

16 

6 

47 

16 

11 

47 

17 

8 

50 

19 

15 

57 

19 

17 

58 

So 

1 

60 

4,5 

1 

9,10 

5 

30 

15 

4 

1 

9 

5 

1 

10 

5 

24 

14 

2 

14 

4 

5 

33 

15 

2 

21 

5 

Pr 

1 

Pr 

1 

2 

2 

2 

2 

6 

3 

2 

8 

3 

2 

8 

3 

2 

21 

5 

2 

24 

6 

2 

24 

6 

2 

24,  25 

6 

5 

15 

12 

14 

1 

44 

16 

5 

47 

7 

40 

30 

9 

3 

38 

9 

3 

38 

9 

3 

38 

2 

2 

2 

2 

8 

3 

2 

8 

3 

2 

21 

5 

5 

32 

15 

clxxiv  INDEX  TO  CONSTITUTION. 


Limitation,  Statutes  of,  with  regard  to  scaled  and  unsealed  instruments, 
in  force  at  adoption  of  Constitution  of  1118,  to  continue  to  ap- 
ply to  all  instruments  afterwards  'executed,  until  altered  or 

repealed 

Limitations  on  Powers  of  General  Assemblvs^t  QentraliAstemblv,  under 
sub-head  of  Powers  Denied. 
Liquors,  intoxicating.  Sale  or  gift  of,    during  day  or  night  of  •leetioB 

under  Schedule,  prohibited 

Little  Rock  to  be  and  remain  the  seat  of  government 

Loan  of  credit  of  counties  or  municipal  corporations  to  aorporationi,  In- 
dividuals, etc.,  prohibited 

of^credit  of  State,  counties,  and  munieipalitiei.  prohibited 

Local  LaxDs,  Classes  of,  prohibited „ 

bills  for,  Publication  of  notice  of  intentioB  to  apply  for 

See  Special  Leoislatiok. 
Local  improvements  in  towns  or  cities.  Assessments  on  real  property  for... 
Lot,  Casting  of,  at  first  session  of  Senate,  to  determine  term  of  ofiSce  of 

Senators 

Lotteries  not  to  be  authoriced  by  this  State „ „ 

Lottery  Ticfcet*,  Sale  of,  not  to  be  allowed 

X«notic#— see  Intant,  and  Insant  persons. 


Sec.       Page. 


M. 


s« 

15 

63 

1 

2 

12 

5 

41 

16 

1 

46 

5 

24,  25 

14 

i 

26 

14 

19 

27 

60 

» 

X 

10 

19 

14 

57 

19 

14 

57 

4 

1 

9 

6 

2 

16 

2 

13 

4 

3 

1 

7 

14 

3 

44 

11 

1.  1 

7,  40 

7 

27 

27 

Magistracy,  Each  department  of  State  gorerament  eonflded  to  separate 

body  of. 

Magistrate,  Chief,  styled  "  the  Governor  of  the  State  of  Arkansas  " 

Magistrates— SGQ  Justices  of  ths  Psact,  and,  for  the  Judge  ef  each  court, 
under  Courts  and  the  proper  sub-head. 

Magna  Charta,  Excerpt  from,  in  relation  to  right  to  ebtain  Justice 

Male  citizen „ 

Male  inhabitant 

Male  persons 

Malfeasance  in  oflSce,  Removal  of  county  and  township  offleeri  for 

Managers  of  Corporations — see   Chrporations,   anl    Jtailroad    Companies, 
Canal  Companies,  and   Tumpihs   Contpmnist,  under  items  rela- 
tive to  their  oflScers. 
Mandamus,  Supreme  Court  may  issue  writs"of,  in  aid  of  its  appellate  and 

supervisory  jurisdiction , „ .- 7  4 

Manufactures ,.  10 

Exemption  from  taxation,  of  capital  invested  in 10  3 

Manufacturing,  (mining  and  agriculture,)  bureau  of,  General  Assembly 

may  create 10  1 

Manufacturing  interests  of  the  State.JGeneral  Assembly  to  pass  laws  foster- 
ing and  aiding 10  1 

Marines  of  U.  S.  not  to  acquire  residence  by  being  stationed  in  the  State...  3  7 

Married  women,  Separate^property  of 9  7,  8 

Scheduling  of  separate  personal  property  of. 9  8 

Materials  used  exclusively  for  public  charity.  Exempt  from  taxation 16  5 

Mayor's  Courts — see  Courts,  Chrporation. 

Mechanics'  liens  for  improvement.  Homestead  subject 9  3 

Members     of    Congress—see  Congressmen. 

Members  of  General  Assembly — see  Senators  and  Repres^ntativs*. 

Messages, 'RegMl&T,  of  Governor,  to  General  Assembly 

of  Governor,  returning  bills  disapproved 

of  Governor  returning  joint  and  concurrent  orders  or  resolutions 

disapproved 

returning    items,   disapproved,     of  billa   making    appropria- 
tions  „ 

to  General  Assembly,  communicating  pardons,  reprieves,  ete... 

Mileage  of  members  of  General  Assembly 

of  members  of  General  Assembly,  during  two  years  from  adop- 
tion of  Constitution 

Military  at  all  times  to  be  in  strict  subordination  to  tke  eivil  power 

power  never  to  interfere  to  prevent  free  exercise  of  right  of  suf- 
frage  

officers,  appointed  by  General   Assembly,  to  be  elected  viva 
voce,  and   vote  entered  OBJowBals 


8 

18 

15 

19 

16 

20 

17 

20 

18 

20 

Se 

16.  28 

12.  67 

Sc 

28 

67 

2 

27 

7 

3 

2 

7 

ft 

14 

12 

6 

6 

17 

11 

1 

40 

1 

11 

40 

11 

2 

40 

11 

i 

40 

INDEX  TO  CONSTITUTION.  cl'xxv 

Art.  Sec.        Pj^ge. 

MUitary  forces  of  State,  Governor  to  b«  Commander-in-Cliief  of  (with 

exception  stated) 6  6  17 

Military  duty.  Who  subject  to 11  .1  40 

See,  also,  Militia,  and  Army. 

MUitia ; H  ••  40 

Militia  in  actual  service  in  time  of  war  or  public  danger,  Action  of  grand 

jury  not  requisite  in  case  of  offences  arising  in 2  8 

Militia,  IGovernor    to     be    Commander-in-Chief    of    (with     exception 

stated) 

of  whom  to  consist 

Organization,  oflBceriug,  arming,  equipment,  and  train- 
ing of. 

Volunteer    companies  of 

Power  of  Governor  to  call  out 

(with  exceptions  stated)  Privileged  from  arrest  during  attend- 
ance at  musters  and  elections  of  oflScers,  and  going  to  and  re- 
turning from  the  saiiie 

Members  of,  may  serve  as  officers  of  election 

Militia  office.  Treasurer,  Secretary,  and  Auditor,  of  State,  and  Attorney 

General,  prohibited  from,  holding 

Militia  officers.  Oath  of  office  of ". 

eligible  to  seats  in  General  Assembly 

eligible  to  executive  or  judicial  office 

Miners,  Security  of  life,  health,  and  safety  of. 

Mining 

Exemption  from  taxation  of  capital  invested  in 

Mining  interests  of  the  State,  General  Assembly  to  pass  laws  fostering 

and  aiding 

Mining,  Manufacturing, '.and  Agricultural  Burtau,  General  Assembly  may 

create 

Ministry,  None  rightfully  compellable  to  maintain  any,  against  bis  con- 
sent  

Minority  of  Senate  and  House  of  Representatives,  Powers  of,  to  adjourn 
from  day  to  day,  and  compel  attendance  of  absent  mem- 
bers  

Minor  children.  Homestead  exemption  for  benefit  of. 

Minors,  Apprenticeship  of.County  Courts  to  have  exclusive  original  juris- 
diction in  all  matters  relating  to 

Misappropriation  of  public  school  fund,  or  of  money  or  property  be  long- 
ing to  State  for  benefit  of  schools  or  universities,  pro- 
hibited  

Miscellaneous  Provisions ■. 

Misdemeanors,  Jurisdiction  of  Justices  of  the  Peace  in 

Misfeasance    in    office.   Removal  of  county  and  township  officers  for 

in  matter   of    use  of  public  moneys,  by  officers  of  State,  or 

members  or  officers  of  General  Assembly 

Mobs,  Power  of  Governor  to  call  out  volunteers  or  militia  to  disperse 

Money,  Public,  Collectors  or  holders  of,  ineligible  to  General  Assembly, 
or  to  office  of  trust  or  profit,  until  account  and  payment  of  all 

sums  for  which  liable „ 

public,  embezlement  of.  Conviction  of,  after  adoption  of  Con- 
stitution, disqualifies  for  seat  in  General  Assembly,  or  office  of 

trust  or  profit „ 

to  influence  action  of  public  officer.  Person  offering,  and  officer 

consenting  to  receive,  guilty  of  felony - 

bills  making  appropriations  of,  Power  of  Governor  to  disap- 
prove items  of 

Disbursements  of.  for  county  purposes.  County  Courts  to  have 

exclusive  original  jurisdiction  in  all    matters    relating  to 

Acts  authorizing  issue  of  paper  to  circulate  as,  prohibited 

belonging  to  school  funds,  how  to  be  employed 

public.  Publication  of  receipts  and  expenditurea  ©f..„ 

Money,  Appropriation   o/— see  Appropriations. 
Moneys,  Public,  Misuse  of,  by  officers  of  State,  or  members  or  officers  of 

General  Assembly 

arising  from  taxes  levied  for  any  purpose,  to  be  used  for   no 

other 

Disbursement  of,  from  treasury 

Public,  to  be  turned  over  to  officers  chosen  at  first  election 

Monopolitt  declared  •ontrarj  U  (SDiDt  cf  »  npabU*.  aa4  piokibittd 


6 

22 

21 

19 

,   20 

58 

5 

7 

11 

19 

26 

60 

19 

18 

58 

10 

3y 

10 

3 

40 

10 

1 

39 

10 

1 

.39 

2 

24 

6 

5 

11 

11 

9 

6,  10 

38.  39 

14 

2 

45 

19 

55 

7' 

40 

29 

7 

27 

27 

16 

3 

46 

11 

4 

40 

5 

9 

11 

6 

3J 

16 

6 

17 

2Q 

7 

28 

28 

12 

10 

■  42 

14 

2 

44 

19 

12 

57 

16 

11 

47 

16 

12 

48 

Sa 

21 

66 

2 

19 

5 

clxxvi  INDEX  TO  CONSTITUTION. 


Morality  essential  to  good  government ; 

General  Assembly  may  delegate  the  taxing  power,  with  the  ne- 
cessary restrictions,  to,  to  extent  of  providing  for  their  exis- 
tence, maintenance,  and  well-being,  but  in  further 

Municipal  boardi,  commissions,  or  trusts,    OflScers  of  (aldermen  not  inclu- 
ded) ,  disqualified  for  service  as  oflBcers  of  election 

Municipal  corporations 

Power  of  Supreme  Court  to  issue  writs  of  quo  warranto 
to  oflScers  of. 

Appeals  from  allowances  made  for  or  against 

General  Assembly  to  provide,  by  general  laws,  for  organization 
o^ 

General  Assembly  to  provide,  by  general  laws,  specified  restric- 
tions of  powers  of 

Restrictions  upon  powers  of  taxation  and  assessment   by 

Restrictions  upon  powers  of  borrowing  money  and  contracting 
debts  by 

forbidden  to  pass  laws  contrary  to  the  general  laws  of  the  State- 
not  to  become  stockholders  in  any  corporation,  etc., 

not  to  obtain  or  appropriate  any  money  for,  or  loan  credit  to, 
any  corporation,  individual,   etc 

Assumption  of  liabilities  of,  by  the  State 

never  to  loan  credit  for  any  purpose •. 

to  issue  no  interest-bearing  evidences  of  indebtedness,  except 
bonds,  authorized  by  law,  to  provide  for  and  secure  payment 

of  indebtedness  existing  at  date  of  adoption  of  Constitution... 

Taxes  of,  in  what  funds  payable 

order.i  Or  warrants  of,  receivable  for   corporation  taxes 

Right  of  citizens  to  institute  suit  for  general  protection  of  in- 
habitants against  enforcement  of  illegal  exactions 

Salary,  fees,  and  perquisites,  of  officers  of,  not  to  exceed  five 
thousand  dollars  net  profit  per  annum,  in  par  funds 

Officers  of,  to  pay  into  trea,sury  of  their  respective  corporations, 
all  sums  by  them  received  in  exee.^is  of  five  thousand  dollars 
net  profit,  per  annum,  in  par  funds 

Assessments  by,  on  real  property,  for  local  improvements,  may 

be  authorized  by  General  Assembly 

See,  also.  Corporations. 
Municipal  Courts— see  Courts,  Corporation, 
Municipal  offices,  subordinate.  Eligibility    of  officers   of  election  to.    at 
election  at  which  they  may  serve 

Appeals  in  cases  of  contested  elections  for 

Muster,  Privilege  from  arrest,    of  volunteers  and  militia,,  during  attend- 
ance at 


N. 


Names  of  persons,  not  to  be  changed  by  special  law 

of  members  of  General  Assembly  voting  for  or  against  bills  re- 
turned, disapproved,  by  Governor,  to  be  entered  on  journals., 
of  members  of  General  Assembly  voting  for  or  against  joint  and 
concurrent  orders  or  resolutions,  returned  by  Governor,  dis- 
approved, to  be  entered  on  journals 

of  members  of  General  Assembly  voting  for  or  against  items, 
returned  by  Governor,  disapproved,  to  be  entered  on  jour- 
nals  

Naval  forces  of  State.  Governor  to  be  Commander-in-Chief  of  (with  ex- 
ception   stated) 

Naval  service  of  U-  S.,  Militia,  when  called  into,  not  to  be  commanded 

in  chief  by  Governor 

Navy  of  the  U.  S..  Action  of  grand  jury  not  requisite  in  case  of 

ofiFencJS  arising  in 

Sailors  and  marines  of,  acquire  no  residence  by  reason  of  being 

stationed  in  the  State 

Necessary  expenses  of  government,  Levy  of  State  tax,  and  appropriations 

of  money  for  defraying 

Non  compos  mentis.  Courts  of  Probate  to  have  exclusive  original  jurisdic- 
tion, as  may  be  prescribed  by  law,  in  matters  relative  to  per- 
PODB , , 


Art. 

Skc. 

Page. 

2 

25 

6 

2 

23 

6 

3 

10 

8 

12 

41 

7 

5 

23 

7 

51 

32 

12 

3 

41 

12 

3 

41 

12 

3,  4 

41 

12 

3,  5 

41 

12 

4 

41 

12 

5 

41 

12 

5 

41 

12 

12 

43 

16 

1 

46 

16 

1 

46 

16 

10 

47 

16 

10 

47 

16 

13 

48 

19 

23 

59 

19 

23 

59 

19 

27 

60 

3 

10 

9 

7 

52 

32 

11 

3 

40 

5 

24 

14 

6 

15 

19 

6 

16 

20 

6 

17 

20 

6 

6 

17 

6 

6 

17 

2 

8 

3 

3 

•7 

8 

5 

31 

15 

INDEX  TO  CONSTITUTION.  clxxvii 


Non-feasance  ia  cffice.  Removal  of  county  and  township  officers  for 

Non-user,  Annulment  of  charters  for,  by  virtue  of  adoption  of  Constitu- 
tion  

Notaries  eligible  to  seats  in  General  Assembly 

eligible  to  executive  or  judicial  office 

Notaries  Public  may  serve  as  officers  of  election 

Notes,  Acts  authorizing  issue  of,  to  circulate  as  money,  prohibited 

Notice  of  intention  to  apply  for  local  or  special  bills 

by  proclamation,  of  Governor's  disapproval  of  bills,  return 
of  which  has  been  prevented  by  adjournment  of  General  As- 
sembly  

Numbering  of  names  and  ballots  atelection  under  Schedule 


O. 


Art. 

Sec. 

Page. 

7 

27 

27 

12 

1 

41 

5 

7 

11 

19 

26 

60 

3 

10 

8 

12 

10 

42 

5 

26 

14 

6 

15 

19 

So 

14 

63 

Oath  or  affirmation  requisite  to  issue  of  wiirrant  of  search  and  seizure 2  15  5 

^  Nothing  in  Art.  II,  Sec.  26,  (respecting  religious  tests,  etc)  to 

t  be  construed  as  dispensing  with 2  26  6 

of  secrecy,  required  of  officers  of  elections 3  3  8 

of  Senators,  in  trials  of  impeachment 15  2  45 

Oath  of  office „ .^^ ^ 19  20  58 

of  Justices  of  the   Peace 7  28  29 

of  Constables,  to  be  endorsed  on  certificate  of  election 7  47  31 

Obedience — Power  of  each  house  of  General  Assembly  to  enforce  obedi  ence 

to  its  process 5  12  11 

06;ec<t07i«  of  Qevernor,  to  bills  disapproved 6  16  19 

of  Governor,  to  bills  return  of  which  has  been  prevented  by  ad- 
journment of  General  Assembly,  to  be  filed  in  office  of  Secre- 
tary of  State 6  15  19 

of  Governor,  to  joint  and  concurrent  orders  or  resolutions 6  16  20 

of  Governor  to  items,  disapproved,  of  bills  makinar  appropria- 
tions, to  be  entered  on  journal  as  prescribed  in  case  of  other 

bills 6  17  20 

06Kffah*on  o/ contracts.  Laws  impairing,  prohibited 2  17  5 

OftKsrations  of  railroad  or  other  corporations,  held  or  owned  by  State 5  S3  15 

Offence,  No  person,  for  same,  to  be  twice  put  in  jeopardy  of  life  or  lib- 
erty   2  8  3 

No  person,  except  in  cases  specified,  tc  be  held  to  answer  for, 

but  upon  presentiment  or  indictment 2  8  2 

0#ence8,  OoptVa^  Persons  charged  with,  when  not  bailable 2  8  4 

Jurisdiction  of,  prohibited  to  corporation  courts 7  43  SO 

Offences,  criminal.  Proceedings    to  expel  member  of  General  Assembly 

for,  not  to  bar  indictment  and  punishment  for  same  offence...  5  36  16 

Jurisdiction  of  corporation  courts  over 7  43  30 

Offences  punishable  by  imprisonment  in  the  Penitentiary— see  Felony. 
Offer  of  thing  of  value,  testimonial,  privilege  or  personal  advantage,  to 
influence  action  of  public  officer,  or  the  acceptance  of  such 

offer  by  the  officer,  constitutes  felony 5  36  16 

Offers  of  bribes.  Power  of  each  house  of  General  Assembly  to  protect  its 

members   against 5  12  11 

Office,  Religious  test  never  to  be  required  as  qualification  for 2  26  6 

Disqualification  for,  by  reason  of  willful.and  corrupt  violation 

of  election  laws 8  6  8 

civil.  Officers  of  election  ineligible  to   any  (with  exceptions 

specified)  to  bo  filled  at  any  election  at  which  they  may  serve...  3  10  9 

Disqualification  for  membership  of  General  Assembly,  by  reason 

of  holding 5  7  11 

of  trust  or  profit.  Collectors  or  holders  of  public  money,  their 
assistants  or  deputies,  ineligible  to, until  account  and  payment 

of  all  sums  for  which  liable 5  8  11 

of  trust  or  profit.  Conviction,  after  adoption  of  Constitution,  of 
embezzlement  of  public  money,  bribery,  forgery,  or  other  in- 
famous crime,  disqualifies  for 5  »  11 

civil,  under  the  State,  No  Senator  or  Representative, during  term 

for  which  elected,  to  be  appointed  or  elected  to 

of  Commissioner  of  State  Lands  may  be  established 

of  Commissioner  of  State  Lands,  Continuance  or  abolition  of... 

18 


5 

10 

11 

6 

1 

16 

Sc 

24 

66 

6 

22 

21 

G 

22 

21 

6 

23 

21 

7 

10 

24 

7 

18 

i5 

10 

2 

40 

clxxviii  INDEX  TO  CONSTITUTION. 

Art.  Sec.         Page. 
OMce,  of  Governor,  Person  holding    other    office,    under   authority    of 
State  of  Arkansas  or  United  States,  except  as  by  the  Constitu- 
tion provided,  not  to  exercise 6  11  18 

of  Governor,  Vacancy  in,  how  filled 6       12,13,14  18 

of  Governor,  how  filled  in  case  of  concurrent  vacancy  in  Govern- 
orship and  Presidency  of  Senate,  or  absence  of  both  officers 
from  State 6  13  18 

of  Governor,  how  filled  in  case  of  vacancy  not  happening  within 
twelve  months  next  before  expiration  of  term  of  office  for 
which  he  shall  have  been  elected 6  14  18 

Treasurer,  Secretary,  and  Auditor,  of  State,  and  Attorney- 
General,  to  hold  no  other.  State,  United  States,  or  otherwise, 
at  one  and  same  time 

of  Treasurer,  Secretary,  or  Auditor,  of  State,  Case  of  vacancy 
in 

Vacancy  in,  in  case  no  mode  is  provided,  by  Constitution  and 

.  laws,  for  filling  the  same,  to  be  filled  by  appointment  of  Gov- 
ernor  

Judges  of  Supreme  Court  to  hold  no  other 

Judges  of  Circuit  Courts  to  hold  no  other 

of  State  Geologist,  may  be  created,  under  conditions  specified 

Removal  from,  and  disqualification  for,  the  penalty  in  cases  of 
impeachment 

Officers  of  State,  and  members  or  officers  of  General  Assembly, 
misusing  public  moneys,  disqualified  from  holding,  for  five 
years 

civil.  Disqualification  of  atheists  for 

Disqualification  for,  of  duelists  and  their  abettors 

Qualifications  of  elector  requisite  to  the  holding  of. 

Place  of,  of  district,  county,  and  township,  to  be  such  as  desig- 
nated by  law 

State,  General  Assembly  not  empowered  to  create  any  perma- 
nent, unless  expressly  provided  for  by  this  Constitution 

OMce,  Term  of- see  Term  of  office. 

Removal  from— see  Removal. 
Offices  disqualifying  holder  for  service  as  officer  of  election 

subordinate,  municipal  or  local.  Officers  of  election  eligible  to. 
at  election  at  which  they  may  serve 

[as  places  of  official  businessj  of  officers  of  Executive  Depart- 
ment, to  be  kept  at  seat  of  government 

Special  elections  to  fill  vacancies  in 

County,  township,  or  municipal.  Appeal  in;  contested  elections 
for 

Plurality  of,  except  as  expressly  directed  or  permitted  by  Con- 
stitution, prohibited 

Officers  : 
1.  Provisions  applicable' to  all  public  officers: 
Officers  holding  lucrative  office  under  the  United  States  or  State,  with 
exceptions  Specified,  ineligible  to  seat  in  either  house  of  Gen- 
eral Assembly 

Extra  compensation  to,  after  the  service  shall  have  been  ren- 
dered, prohibited,  unless  allowed  by  bill  passed  by  two-thirds 
of  members  elected  to  each  branch  of  General  Assembly 

Offer  to,  or  acceptance  by,  of  consideration,  to  influence  public 
action  of,  constitutes  felony 

under  authority  of  State  of  Arkansas  not  to  exercise  office  of 
Governor,  except  as  in  the  Constitution  provided 

General  Assembly  to  fix  salaries  and  fees  of 

Salaries  and  fees  of,  not  to  be  paid  at  other  than  par  value 

must  possess  qualifications  of  electors 

to  continue  in  office,  after  expiration  of  their  official  terms, 
until  their  successors  are  elected  and  qualified 

General  Assembly  to  regulate  deductions  from  salaries  of,  for 
neglect  of  duty 

Oath  of  office  of. „. 

State,  county,  city,  or  town,  not  to  receive,  directly  or  indi- 
rectly, for  salaries,  fees,  and  perquisites,  more  than  five  thou- 
sand dollars,  net  profit,  per  annum,  in  par  funds 


16 

3 

46 

19 

1 

55 

19 

2 

55 

19 

3 

55 

19 

4 

56 

19 

9 

56 

3 

10 

8 

3 

10 

9 

6 

1 

16 

7 

50 

31 

7 

52 

32 

19 

6 

56 

5 

27 

14 

5 

35 

16 

6 

11 

18 

16 

4 

46 

16 

4 

46 

19 

3 

55 

19 

5 

56 

19 

8 

56 

19 

20 

&8 

INDEX  TO  CONSTITUTION.  clxxix 


2.  Provisions  applying  to  particular  classes  of  public  officers  : 
Officers  (except  Constables)   provided  for  in  Art.  VII  of  Constitution, 
[i.  e.,  judicial  officers,  officers  of  courts,  and  county  officers], 
to  be  commissioned  by  Governor 

to  be  commissioned  by  Governor,  Returns  of  election  of. 

Appointment  of,  by  Governor,  to  fill  vacancies  occurring  within 
specified  periods  preceding  next  general  election 

civil,  for  State  at  large,  to  reside  within  the  State 

of  State  government,  not  to  be  interested  in  contracts  for  sta- 
tionery, paper,  fuel,  printing,  binding,  or  distribution  of  doc- 
uments, for  State  government,  or  repairing  and  furnishing 
halls  and  rooms  of  General  Assembly 

of  the  State,  General  Asfcsembly  to  prevent,  by  law,  grant  of  free 

passes  to,  by  railroad  or  transportation  companies 

of  State,  Salaries  of  during  two  years  from  adoption  of  Con- 
stitution  

of  Executive  Department,  how  chosfcn 

of  Executive  Department,  Returns  of  election  of. 

of  Executive  Department,  Contested  elections  for 

of  Executive  Department,  how  chosen  in  case  of  tie 

of  Executive  Department,  Governor  may  require  information, 
in  writing,  from,  etc 

of  counties,  Election  of. 

civil,  for  districts,  counties,  and  townships,  to  reside  within 
their  respective  districts,  counties,  or  townships.... 

civil,  of  districts,  countieg,  and  townships.  Places  of  office  of... 

of  political  corporations,  Power  of  Supreme  Court  to  issue  writs 
of  quo  warranto  to 

Each  house  of  General  Assembly  to  appoint  its  own 

appointed  by  General  Assembly,  or  either  house  thereof,  to  be 

elected  viva  voce,  and  vote  recorded  on  journals 

See,  also 

of  militia,  how  appointed 

of  militia  eligible  to  seats  in  General  Assembly 

of  militia,  and  of  public  schools,  and  Notaries,  eligible  to  execu- 
tive or  judicial  office 

of  public  schools,  eligible  to  seats  in  General  Assembly 

to  supervise  public  schools  and  execute  laws  regulating  them, 
General  Assembly  to  provide  for 

of  election,  to  number  every  ballot,and  record  number  opposite 
name  of  elector  presenting 

of  election,  to  be  sworn  to  secrecy,  unless  in  cases  specified 

of  elections.  Disqualifications  for  service  as 

of  election,  ineligible  to  any  civil  office  (with  exceptions  speci- 
fied), to  be  filled  at  an  election  at  which  they  may  serve 

of  election.  Votes  unlawfully  excluded  by,  to  be  counted  upon 
trial  of  contest 

returning  officers  of  elections  for  officers  of  Executive  Depart- 
ment, Duty  of. 

of  United  States,  not  to  exercise  office  of  Governor 

State,  county,  and  township.  First  election  for 

State,  chosen  at  first  election,  Return  and  announcement  of 

chosen  at  first  election,  to  be  commissioned  by  Governor 

except  of  Executive  Department  of  the  State,  chosen  at  first 
election,  when  to  enter  upon  discharge  of  duties  of  theii' 


Page. 


7 

48 

31 

19 

10 

56 

7 

50 

31 

19 

4 

56 

chosen  at  election  under  Schedule,  Term  of  office  of. 

in  position  at  date  of  ratification  of  Constitution,  to  vacate  office 

on   qualification  of  successors 

whose  offices  not  abolished  by  Constitution,  to  continue,  in  office 

until  election  and  qualification  of  successors 

But  see  State  Officers,  General  Assembly,  under  sub-heads  of 
"Presiding  Officers,"  and  "Officers   other  than  presiding," 
Judges,  Courts,  County  Officers,  Township  officers.  Compensa- 
tion, etc.,  and  for  each  office,  under  the  appropriate  head. 
Officers  of  canal  companies— see  Canal  companies. 
Officers  of  railroad  companies— see  Jiailroad  eompanies. 
Officers  of  turnpike  companies— see  Turnpike  companies. 

Opening  of  votes  for  officers  of  Executive  Department *> 

Opinions,  Right  to  free  communication  of. 2 


19 

15 

57 

17 

50 

Sc 

28 

67 

6 

16 

6 

17 

6 

17 

' 

17 

6 

17 

7 

46 

31 

19 

56 

19 

56 

7 

23 

5 

11 

11 

5 

14 

12 

3 

12 

9 

11 

40 

5 

11 

19 

26 

60 

5 

11 

14 

45 

3 

3 

8 

3 

3 

8 

3 

10 

8 

3 

10 

9 

3 

11 

9 

6 

3 

16 

6 

11 

18 

Sc 

3 

61 

So 

17 

64 

Sc 

18 

65 

Sc 

20 

65 

Sc 

26 

67 

Sc 

21 

66 

Sc 

24 

66 

clxxx  INDEX  TO  CONSTITUTION. 


Orders,  reqairingr  concurrence  of  both  houses  of  General  Assembly,  ex- 
cept on  questions  of  adjournment,  to  be  presented  to  Governor, 

and,  before  taking  effect,  to  be  approved  by  him 

requiring  concurrence  of  both  houses  of  General  Assembly, 
except  on  question  of  adjournment,  if  disapproved  by  Gov- 
ernor, to  be  repassed  by  both  houses,  as  in  case  of  bill 

of  counties,  towns,  and  cities,  receivable  for  taxes  thereof,  res- 
pectively  

Ordinary  expenses  of  State  government  to  be  provided  for  in  general  ap- 
propriation bill 

Outlawry,  except  by  judgment  of  peers,  or  law  of  the  land,  prohibited 

Overt  act  in  case  of  treason 


Paper  for  use  of  State  government,  to  be  furnished  by  lowest  responsible 
bidder,  below  maximum  price,  under  regulations  to  be  pre- 
scribed by  law 

for  useof  State  government.  No  member  or  oflBcer  of  government 

to  be  interested  in  contract  for 

[in  nature  of  bills  of  credit]  Acts  authorizing  issue  of,  to  circu- 
late as  money,  prohibited 

Papers,  security  of,  against  unre  isonable  searches  and  seizures.  Right 

to :.. 

official,  to  be  turned  over  to  officers  chosen  at  first  election 

Parallel  lines  of  railroads  or  canals 

Pardons,  Governor  to  have  power,  except  in  cases  of  treason  and  im- 
peachment, to  grant,  after  conviction 

in  cases  of  treason.  Governor  may  grant  by  and  with  advice 

and  consent  of  Seaate 

Each  case  of,  to  be  communicated,  by  Governor,  to  General 
Assembly,  with  his  reasons  therefor,  and  prescribed  state- 
ment of  particulars 

Parliamentary  law  and  practice— see  under  principal  head  of 
General  Assembly,  and,  throughout  the  digest  under  that 
title,  the  sub-heads  "/»  matter  of  procedure  " 

Parliamentary  privilege 

Parties  in  civil  actions.  Competency  of,  as  witnesses 

Passage,  of   bills 

over  veto,  of  bills  disapproved  by  Governor 

over  veto,  of  joint  and  concurrent  orders  or  resolutions 

See,  also,  under  General  Assembly,  principal  head,  the 
sub-head  of  Vetoes. 
over  veto,  of  items,  disapproved  by  Governor,  in  bills  making 

appropriations 

Passage,  Free,  grant  of,  by  railroad  or  transportation  companies  to  officers 

of  the  State,  General  Assembly  to  prevent  by  law 

Paupers  County  Courts  to  have  exclusive  ori?  inal  jurisdiction  in  all  mat- 
ters relating  to 

Contracts  for  care  and  keeping  of,  where  there  are  no  alms- 


Aet. 


Pay — ^see  Compensation 

Payment  of  all  public  money  to  be  rendered  by  collectors,  holders,  etc., 
before  they  shall  become  eligible  to  General   Assembly,  or 

office  of  trust  or  profit 

of  money  on  claims  the  subject-matter  of  which  shall  not  have 
been  provided  for  by  existing  laws,  prohibited,  unless  allowed 
by  bill   passed,  by   two-thirds  of  members  elected   to  each 

branch  of  General  Assembly 

of  all  just  and  legal  debts  of  the  State,  General  Assembly,  from 

time  to  time,  to  provide  for 

of  public  moneys.  Publication  of. 

Payments  from  the  treasury  to  be  made  only  in  pursuance  of  specific  ap- 
propriation, by  law,  made  in  manner  specified 

Peace,  Judges  of  Supreme  Court  to  be  conservators  of  throughout  the 

State 

Circuit  Judges  to  be  conservators  of,  within  circuit  for  which 
elected 


Sec. 

Page. 

16 

20 

16 

20 

10 

47 

30 

15 

21 

6 

14 

5 

19 

15 

57 

19 

15 

57 

12 

10 

42 

2 

15 

5 

Sc 

21 

66 

17 

4 

49 

6 

18 

20 

6 

18 

20 

5 

15 

12 

Sc 

2 

61 

5 

22 

13 

6 

15 

19 

6 

16 

20 

6 

17 

20 

17 

7 

50 

7 

28 

27 

19 

16 

58 

5 

16 

12 

16 

2 

46 

19 

12 

57 

5 

29 

15 

7 

4 

22 

7 

14 

24 

5 

15 

12 

11 

3 

40 

11 

4 

40 

2 

27 

6 

2 

27 

7 

Sc 

7 

62 

16 

5 

47 

2 

21 

5 

5 

11 

11 

15 

1 

45 

17 

10 

50 

17 

13 

51 

19 

2 

55 

Sc 

15 

63 

Sc 

25 

67 

INDEX  TO  CONSTITUTION.  clxxxi 

Art.  Sec.        Page. 
Justices  of  the  Peace  to  be  conservators  of,  within  their  respec- 
tive countio? 7  40  29 

Justicts  of  the  Peace  to  have  power  to  bind  persons  to  keep 7  40  29 

Peace,  Breach  of  the.  Case  of,  constitutes  exception  to  elector's  privilege 

of  freedom  from  arret>t 3  4  8 

Case  of,  or  of  surety  of  the  peace,  constitutes  exception  to  Se  i- 
ators'  and  Representatives'  privilege  of  freedom  from  ar- 
rest  

Case  of,  Privilege  of  volunteers  and  militia  from  arrest,  at  mus- 
ters, etc.,  not  to  extend  to 

Peace,  public.  Power  of  Grovernor  to  call  out   volunteers  or   militia  to 

preserve 

Peace,  time  of.  Standing  army  not  to  be  maintained  in 

Quartering  of  soldiers  in 

Peay,  Gordon  N.,  a  member  of  State  Board  of  Supervisors  of  Election 

under  Schedule 

Peddlers,  General  Assembly  may  tax 

Peers,  Judgment  of. 

Penal  cases— see  Prosecutions,  Crim,inal,  and    Crime. 
Penal  prosecutions— see  Prosecutions,  Criminal. 

Penal  purposes.  Corporations  for 

Penalties  upon  members  of  General  Assembly,  for  absence.  Each  house 

may  provide,  and  number  less  than  quorum  enforce 

in  cases  of  impeachment 

to  be  provided  for  abuses,  unjust  discrimination,  and  excessive 

charges,  by  railroad,  canal,  and  turnpike  oompanies 

to  be  provided  fir  failure  of  railroad  companies  to  make  annual 

report  to  Auditor  of  Public  Accounte 

in  cases  of  dueling 

for  sale  or  gift  of  intoxicating  liquors  during  day  or  night  of 

election  under  Schedule 

of  malfeasance  of  officers  of  election  under  Schedule 

But  see,  also,  Punishment. 
People  of  the  State  of  Arkansas,  Constitution  or  iained  and  established 
bv  the,  to  perpetuate  civil  and  religious  liberty,  and  secure 

the  same  to  themselves  and  their  posterity 

all  political  power  inherent  in  the 

Government  instituted  for  the  protection,  security  and  benefit 

of  the 

Right  of,     to   abolish,     alter,    or  reform,     their  government, 

in  such  manner  as  they  may  think  proper 

Submission  of  proposed  amendments  to   the  Constitution,  to 

the 

Submission  of  the  Constitution  to  the,  for  ratification 

Certain  righto  retained  by  the,  and  not  enumerated  in  Declara- 
tion of  Rights 2  29  7 

For  further  references  to  the  right*  and  liberties  of  the  peo- 
ple, see  under  head  of  the  particular  subject. 

Per  d!cni—see  Compensation 5  16  12 

Perjury  in  trials  of  contested  elections,  and  proceedings  for  investigation 
of  elections.  Witnesses' own  testimony  may  be   used  against 

him  in  prosecutions  for 3  9  8 

PejpctuittVs  declared  contrary  to  genius  of  a  republic,  and  prohibited 2  19  5 

Personal  advantage.  Offer,  gift,    or  promise,  of,  to    public  ofiicer 5  35  16 

Personal  liberty— see  Liberty. 

Perquisites— see  Fees. 

Separate  County  Clerks — see  Clerks,  County. 

Perso)*,  Right  to  remedy   for  injuries  to 

Security  of,  against  unreasonable  searches  and  seizures.    Right 

to 

Taking  or  imprisonment   of,  except  by  judgment   of  peers   or 

law  of  the  land,  prohibited 2  21  5 

Right  of  action   or  injuries  to 5  32  15 

damages  to,  Railroads  to  be  responsible  for 17  12  50 

Persons  of  unsound  mind.  Courts  of  Probate  to    have    exclusive    original 
jurisdiction  as  may  be  prescribed  by  law,  in  matters  relative 

to 

Personal  property,  suits  for  recovery  of.  Jurisdiction    of  Justices  of   the 
Peace  in , 


Pr 

1 

2 

1 

2 

2 

1 

2 

2 

1 

2 

19 

22 

59 

Sc 

3  to  17 

61  to  64 

2 

13 

2 

15 

2 

21 

5 

32 

17 

12 

7 

34 

7 

40 

Lrt. 

Sec. 

Page. 

7 

40 

29 

9 

37 

9 

37 

9 

39 

17 

11 

50 

19 

11 

56 

19 

23 

59 

2 

3 

19 

56 

19 

56 

2 

2 

Sc 

62 

14 

44 

Sc 

16 

64 

13 

43 

13 

43 

7 

22 

Pr 

1 

5 

11 

5 

33 

15 

2 

2 

clxxxii  INDEX  TO  CONSTITUTION. 


/'ersonoZ  proper^,  damage  to.  Jurisdiction  of  Justices   of  the   Peace   in 

matters  of. 

Exemption  of,  from  seizure  for  debt  by  contract: 

of  residents,  not  heads  of  families 

of  residents,  heads  of  families 

Separate,  of    femene  covert 

Rolling  stock  and  all  other  movable  property  of  railroadcom- 

panies  to  be  considered  and   treated  as 

Perqiusites,  State  ofiScers  (Prosecuting  Attorneys  excepted)  not  to  receive 

to  their  own  use 

of  public  oflBcers,  not  to  exceed  five  thousand  dollars,  net  profit, 

per  annum,  in  par  funds 

Petition,   right   of. 

Placeof  office,  of  district,  county,  and  township  officers,  to  besuch  as  des- 
ignated by  law 

Plurality  of  offices,  except  as  expressly  directed  or  permitted  by  Constitu- 
tion prohibited 

Police  courts— see  Courts,  Corporation. 

Political  corporations-  see  Corporations,  and  Municipal  corporations. 

Political  power.  All,  inherent  in  the  people 

Poll-Boohs  tor  election  under  Schedule 

Poll-tax  oi  one  dollar,  for  school  purposes,  prescribed 

Polls  at  election  under  Schedule 

Pope  and  Johnson  counties.  Line  between 

Pope  county.  General  provisions  of  Art.  XIII,  Sec.  1,  not  to  apply  to 

Pppuiafion  of  State  when  amounting  to  one  million,   General   Assembly 

may  increase  number  of  Judges  of  Supreme   Court  to  five 

Porterttj/,  Security  to,  of  blessings  of  liberty,  one   of  the   objects  of  the 

Constitution 

Postmasters  eligible  to  seat  in  General  Assembly 

Po«(ponemcnt  of  obligations  or  liabilitiei  of  corporations,  held   or  owned 

by  State  prohibited 

Power,  AH  political  inherent  in  the   people 

of  taxation.  State's,  may  be  delegated  to  political  and  muni- 
cipal corporations,  to  extent  specified 2  23  6 

Military  or  civil,  never  to  interfere  to  prevent  free  exercise   of 

right  o'    sufiFrage 3  2  7 

Military,  at  all  times  to  be  in  strict  subordination  to  the  civil..  2  27  7 

Legislative,  vested  in  General  Assembly 5  1  10 

Supreme  executive,  vested  in  Chief  Magistrate,  styled  Govern- 
or, etc ." 6  2  16 

Judicial,  where  vested 7  1  22 

to  tax  corporations  or  corporate  property,  not  to  be  surrendered 
or  suspended  by  any  contract  or  grant  to  which  the  State  may 

be  a  party 16  7  47 

Pow«r».  Just,  of  government,   derived  from  consent  of  the  governed 2  2  2 

higher,  delegated  by  the  Constitution,  Provision    of  safeguard 

against  transgression   of. 2  29  7 

of  the  State  government,  how  divided.... 4  ..  9 

belonging  to  either  department  of  government,  not  to  be  exer- 
cised by  any  person  or  persons  belonging  to  another  depart- 
ment, except  as  prescribed  in  Constitution,  after  Art.  IV 4  2  9 

of  each  house  of  General  Assembly 5  11,12,    11,13,15 

18,28 
Powerjt,  grant  of  which  is  within  jurisdiction  of  the   courts,   not   to  be 

conferred  by   special  law 5  25  14 

of  corporations — see  Art.  XII,  passim. 

of  the    General  Assembly— see  General  Assembly,  under  sub-heads  of 
Powers  Discretionary,  and  Powers  Denied. 

Practice  in  criminal  prosecutions  for  libel 2  6  3 

Preamble . .  .  .  1 

Pre-existing  laws,  on   subject-matter  of  claims,  indispensable  to    appro- 
priation or  payment,  unless,  etc 

Pre/er«nee  never  to  be  given,  by  law,  to  any   religious  establishment,  de- 
nomination, or  mode  of  worship,  above   any  other 

Presentment  or  indictment  of  grand  jury,  requisite  to  criminal  prosecu- 
tions, exoept  in  cases  specified 

Presentment,  Removal  of  county  and  township  officers  upon 

Presiding  Officer,  Each  house  of  General  Assembly  to   elect,  etc 

of  Senate  to  be  styled  President  of  the  Senate 

of  House  to  be  styled  Speaker  of  the  House  of  Representd,- 
tires 


5 

27 

14 

2 

24 

6 

2 

8 

3 

7 

27 

27 

5 

18 

13 

5 

18 

13 

INDEX  TO  CONSTITUTION. 


clxxxiii 


President  of  Constitutional  Convention,  in  case  of  all  places  on  State  Board 
of  Supervisors  of  election  under  Schedule  becoming  vacant 

at  same  time,  to  fill  vacancy 

President  of  the  Senate , 

Election  of 

Term  of  office  of. 

in  case  of  vacancy  m  office  of  Governor,  his  disability  or  ab- 
sence, to  succeed  to  powers,  duties,  and  emoluments  of  office, 
for  remainder  of  term,  till  removal  of  disability,  or  till  elec- 
tion and  qualification  of  the  Governor 

exercising  office  of  Governor,  in  case  of  vacancy  not  happening 
within  twelve  months  next  before  expiration  of  Governor's 

term,  to  cause  election  to  be  held  to  fill  such  vacancy,  etc 

a  member  of  Board  of  Canvassers  of  returns  of  election  to  fill 

vacancy  in  office  of  Governor 

to  certify   {  with  Speaker  of  House),  to  Governor,  fact  of  disa- 
greement between  the     wo  houses  of  the  General  Assembly, 

with  respect  to  time  of  adjournment 

Presidents  of  Corporations — see  Corporations,  and  Railroad  Companies. 
Canal  Companies  and  Turnpike  Companies,  under  items  rela- 
tive to  their  officers. 

Press,  Liberty  of  the,  to  remain  forever  inviolate 

liberty  of  the.   Responsibility  for  abuse  of 

Presumption,  Great,  in  case  of  capital  ofi"enceg,  to  exclude  from  ball 

Preoiovs  condition.  No  distinction  in  point  of  civil  rights  of  duties,  on 

account  of. 

Printing  of  laws,  jouraals,  and  department  reports,  and  other  printing, 
to  be  performed  under  contract,  to  lowest  lesponsible  bidder, 

below  maximum  price,  as  shall  be  prescribed  by  law 

for  use  of  State  government,  contract  for  furnishing,  to  be  sub- 
ject te  approval  of  Governor,  Auditor,  and  Treasurer 

for  State  government.  No  member  or  officer  of  government  to 

be  interested  in  contract  for '.'. 

Private  property  not  to  be   taken,  appropriated,  or  damaged,  without 

just  compensation 

See,  also.  Eminent  domain,  and  corporations. 

Private  corporations 

See,  also,  corporations. 
Private  property.  Foreign  corporations  to  have  no  power  to  condemn  or 

appropriate 

Private  solicitations,  Power  of  each  house  of  General  Assembly  to  pro- 
tect its  members  against 

Privilege  of  free  choice  of  form  government 

of  writ  of  habeas  corpus,  Suspension  of 

citizen  not  to  be  deprived  of,  on  account  of  race,  color,  or  pre- 
vious condition ." 

of  writ  of  habeas  corpus.  Suspension  of 

Elector's,  of  freedom  from  arrest 

of  members  of  General  Assembly,  of  freedom  from  arrest 

of  members  of  General  Assembly,    of  freedom  from   question 

elsewhere  for  speech  or  debate  in  either  house 

offer  of.  to  influence  action  of  public  officer,  or  acceptance  of 

by  officer,  constitutes  felony 

of  volunteers  and  militia,  from  arrest 

Privileges  of  corporations— see  Art.  XII,  passim. 

Equality  of. 

Hereditary,  forever  prohibited 

Disseizure  of,  except  by  judgment  of  peers  or  law  of  the  land, 

prohibited 

of  elector,  Idiots  and  insane  persons  not  entitled  to 

grant  of  which  is  within  jurisdiction  of  the  courts,  not  to  be  con- 
ferred by  special  law 

special  or  exclusive,  under  which  ftonajide  organization  be  not 
made,    and  business   commenced  in   good  faith,  at  time  of 

adoption  of  Constitution,  declared  invalid 

General  Assembly  may  tax 

of  foreign  corporations  doing  business  in  this  State,    Regular 

tions  concerning 

Probate  Courts— see  Courts,  Probate. 


Sec. 


PlGE. 


5,  6 


7  62 

18  13 

18  13 

18  13 


18.  12  13,  18 


19 

16 

5 

19 

15 

57 

19 

15 

67 

2 

22 

6 

12 

4 

12 

11 

42 

5 

12 

11 

Pr 

1 

2 

11 

4 

2 

3 

2 

2 

11 

4 

3 

4 

8 

5 

15 

12 

5 

15 

12 

5 

35 

16 

11 

3 

40 

2 

18 

5 

2 

18 

5 

2 

21 

5 

3 

5 

8 

clxxxiv  INDEX  TO  CONSTITUTION. 


I'robate  bu8ines8,  jurisdMion  of,  transferred  from  Circuit  to   Probate 

Courts 

Probate  of  ?ciii8.  Jurisdiction  of.  vested  in  Courts  of  Probate 

Proceedings,  Each  house  of  General  Assembly  may  determine  the  rules 

of  its'own 

Journal  of,  to  be  kept  by  each  house  of  General  Assembly 

to  expel  member  of  General  Assembly  for  criminal  offence,  not 

to  bar  indictment  and  punishment  for  same  offence 

Proceedings  for  investigation  of  elections— see  Elections,  Contested. 

For  other  proceedings,  see  under  head  of  the  particular 
subject-matter  of  proceeding. 
Procedure— see  General  Assembly,  under  the  head  of  Proceedings, 
and  under  the  sub-heads,  throughout  that  entire  title,  of  "a. 
In  matter  of  procedure,"  Reference  to  the  procedure  in  any 
particular  instance  will  be  found  in  the  General  Index,  under 
the  appropriate  head. 

Process,  due,  of  law.  Right  to 

compulsory,  for  witnesses.  Right  of  accused  to 

civil.  Exemption  of  electors  from,  during  attendance  at  elec- 
tions  

Power  of  each  house  of  General  Assembly  to  enforce  obedience 

to  its 

civil,  Exemption  of  members  of  General  Assembly  from,  dur- 
ing session,  etc 

Power  of  Justices  of  the  Peace  to  issue 

judicial.  Style  of 

Proclamation  for  election  to  fill  vacancy  in  office  of  Governor 

by  Governor,  of  disapproval  of  bills,  return  of  which  has  been 

prevented  by  adjournment  of  General  Assembly 

by  Governor,  convening  General  Assembly  on  extraordinary 

occasions 

by  Governor,  convening  General  Assembly  at  place  other  than 

seat  of  government 

of  Governor,  enjoining  preservation  of  good  order,  etc.,  on  day 

of  election  under  Schedule 

Prohibition,  Supreme  Court  may  issue  writs  of,  in  aid  of  its  appellate  and 

supervisory  jurisdiction 

Prohibitions  to  General  Assembly -see  General  Assembly,  under  head 

of  Powers  Denied. 
Profit,   Offices  of— see  Offices. 
Promise  of  value,  testimonial,  or  advantage,  to  influence  action  of  public 
officer,  or  the  acceptance  of  such  promise  by  the  officer,  con- 
stitutes felony 

Property,  Inherent  and  inalienable  right  of  all  men  tp  acquire,  possess 

and  protect 

None  to  be  deprived  of,  without  due  prccees  of  law 

Right  to  remedy  for  injuries  to 

Distinctions  of  law  between  resident  aliens  and  citizens,  in 

matter  of,  prohibited 

None  to  be  deprived  of,  except  by  judgment  of  peers  or  law  of 

the  land 

Right  of,  before,  and  higher  than,  any  constitutional  sanction... 
Private,  not  to  be  taken,  appropriated,  or  damaged,  for  pnblic 

use,  without  just  compensation  therefor 

Right  of  action  for  injuries  to 

appropriated  to  use  of  corporations.  Compensation  for 

private.  Foreign  corporations  to  have  no  power  to  condemn  or 

appropriate 

belonging  to  school  funds,  how  to  be  employed 

taxable.  School  tax  upon,  prescribed 

General  Assembly  to  direct  equal  and  uniform  valuation  of,  for 

purposes  of  taxation 

taxable.  No  one  species  of,  to  be  taxed  higher  than  another 

species  of  equal  valuation 

Exemption  of,  from  taxation 

of  corporations.  Surrender  or  suspension  of  power  to  tax,  pro- 
hibited  

of  incorporated  companies.  State'e  right  of  eminent  domain 
over 


Sec.       Page 


Sc 

23 

66 

7 

34 

28 

5 

12 

11 

5 

12 

12 

2 

8 

3 

2 

10 

4 

3 

4 

8 

5 

12 

11 

5 

15 

12 

7 

40 

30 

7 

49 

31 

6 

14 

18 

6 

15 

19 

6 

19 

20 

6 

19 

20 

?c 

6 

62 

7 

4 

22 

5 

35 

16 

2 

2 

2 

2 

8 

3 

2 

13 

4 

2 

20 

5 

2 

21 

5 

2 

22 

6 

2 

22 

6 

5 

32 

15 

12 

9 

42 

12 

11 

42 

14 

2 

44 

14 

3 

44 

10 

5 

46 

16 

5 

47 

16 

5 

47 

16 

7 

47 

17 

9 

50 

INDEX  TO  CONSTITUTION.  clxxxv 

Art.  Sec.        Page. 

Propertj/t  Moveable,  of  railroad  companies,  to  be  considered  and  treated 

as  personal 17  11  50 

damages  to.  Railroads  to  bo  responsible  for 17  12  50 

Property  exemption— bqq  Exemption. 

Proof,  Evident,  of  capital  oflfence,  to  exclude  from  bail 2  8  4 

of  publication  of  notice  of  intention  to  apply  for  local  or 
special  bill,  to  be  exhibited  in  General  Assembly,  before  pas- 
sage of  bill 5  aj  14 

S«€,  also.  Evidence. 
Prosecuting  Attameya,  Salary  of,  during  two  years  from  adoption  of  Con- 
stitution   Sc  28  67 

Election  of. ., 7  24  26 

Term  of  office  of. 7  24  26 

Qualifications  of. 7  24  26 

liable  to  impeachment 15  1  45 

how  removable  upon  address 15  3  45 

Salary  and  fees  of,  etc 19,  Sc  11.  28  56,  67 

First  election  for Sc  3  61 

Prosecutions  not  to  abate  because  of  change  made  in  thiis  Constitution Sc  23  66 

Prosecutions,  OimtTiaZ,  for  libel.  Rights  of  accused  in 2  6  3 

generally,  Rights  of  accused  in 2  8,9,10  3,  4 

Case  of  division  of  opinion  of  jury  in 2  8  3 

Venue  In,  not  to  be  changed  by  local  or  special  law 5  24  14 

Protection  of  the  people  one  of  the  objects  of  the  institution  of  govern- 
ment   2  12 

of  members  of  either  house  of  General  Assembly,  against  vio- 
lence, offers  of  bribes,  or  private  solicitations 5  12  11 

Provisional  writs.  Power  of  County  Judge,  in  absence  of  Circuit  Judge 

from  county,  to  issue 7  37  29 

See,  however.  Writs. 

Publication  of  sentiment.  Freedom  of. 2  6  3 

charged  as  libelous.    Justification  of.  {.dmissible  in  criminal 

prosecutions  for  libel 2  6  3 

of  journal  of  each  house  of  General  Assembly 5  12  12 

at  length,  required,  of  such  portions  of  laws  as  may  be  revived, 

or  amended,  and  of  provisions  extended  or  conferred 5  23  14 

of  notice  of  intention  to  apply  for  local  or  special  bills 5  26  14 

of  votes  for  officers  of  Executive  Department 6  3  17 

of  receipts  and  expenditures  of  public  money 19  12  57 

of  the  laws  of  the  State 19  17  58 

of  proposed  amendmentslto  Constitution 19  22  59 

of  notice  of  election  under  Schedule Sc  5  61 

*of  result  of  vote,  on  adoption  of  Constitution Sc  17  64 

Public  buildings,  CoUtrsicts  for  erections,  repairs,  or  materials  of 19  16  58 

Public,  Credit,  Loan  of,  prohibited 16  1  46 

Public  danger.  Action  of  Grand  Jury  not  requisite  in  casv^s  arising  in  the 

militia  when  in  actual  service  in  time  of. 2  8  3 

Public  debt— see  Debt,  Public. 

PaWic  d«/en«e.  State  may  contract  debts  to  provide  for 12  12  43 

Public  money.  Collectors  or  holders  of,  ineligible  to  General  Assembly,  or 
office  of  trust  or  profit,  unlil  account  and  payment  of  all  sums 

for  which  liable 5  8  11 

embezzlement  of.  Conviction  of,  after  adoption  of  Constitution, 
disqualifies  for  seat  in  General  Assembly,  or  office  of  trust  or 

profit 5  9  11 

Pvklic  moneys.  Misuse  of,  by  officers  of  State,  or  members  or  officers  of 

General  Assembly 16  3  46 

Public  peace.  Power  of  Governor  to  call  out  volunteers  or  militia,  to  pre- 
serve   11  4  40 

Public  property,  used  exclusively  for  public  purposes.  Exemption  of,  from 

taxation 

Public  safety.  Suspension  of  habeas  corpus  for,  in  certain  oases 

Public  Schools — see  Schools. 

Public  use.  Property  taken,  appropriated,  or  damaged,  for 

Public  welfare.  State  may  contract  debts  to  provide  for 

Public  worsfetp.  Equal  liberty  of,  to  be  protected 

Publicity  of  sessions  of  General  Assembly 

Pulaski  Chancery  Cowrt— see  Court  Pulaski  Chancery. 

'''For  oofiyoi  this  publication,  see  p.  xziii. 

19 


16 

5 

47 

2 

11 

4 

2 

22 

6 

12 

12 

43 

2 

25 

6 

5 

13 

12 

clxxxvi  INDEX  TO  CONSTITUTION. 

Art.  Seo,  Paqk. 

J'unwAment,  Cruel  or  unusual,  not  to  be  inflicted 2  9  4 

of  crime,  by  involuntary  servitude 2  27  6 

of  members  or  other  persons,  for  contempt  or  disorderly  behav- 
ior in  presence  of  either  house  of  General  Assembly 5  12  11 

for  contempt  or  disorderly  behavior  in  prosence'of  either  house 
of  General  Assembly,  not  a  bar  to  indictment  for  same 
offence 5  12  12 

for  offering  consideration  to  public  oflBcer,  to  influence  his 
action,  or  for  acceptance,  by  officer,  of  such  consideration 5  S5  16 

Proceedings  to  erpel  member  of  Gleneral  Assembly  for  criminal 
offence,  no  bar  to,  under  the  criminal  laws,  for  the  same 
offence :. 5  36  16 

for  contempts.  Power  of  General  Assembly  to  regulate,  when 
not  committed  in  presence  or  hearing  of  court  or  in  disobedi- 
ence to  process 7  26  27 

for  misuse  of  public  moneys  by  officers  of  State,  or  members  or 

officers  of  General  Assembly 16  3  46 

But  see,  also,  Penalties. 
Purchaee-money ,  Mo  property,  while  in  hands  of  vendee,  to  be  exempt 

from  execution  for  debts  contracted  for  the 19  1  37 


Q. 


Sc 

20,  21,  24       66 

3 

1        7 

3 

5,6,7        8 

5 

4       10 

-19 

7.8.9,  11,12,-55 

12,-1 

QwaKjJcatton  to  vote]or  hold  office, .Religious  test   never   to   be  required 

as  a 2  26  fi 

of  Governor,  Failure  of.  Office  how  filled  in  case  of 6  12  18 

of  a  Governor  concludes  exercise, [by  Acting  Governor,  of  guber- 
natorial functions ■. 6  12  18 

Refusal.onby  President.of  Senate, upon  occurrence  of  vacancy  in 

Governorship, .Case  of. 6  13  18 

of  officers  chosen  at  election  held  under  Schedule  to  the  Consti- 
tution  

0«a?i^ca«io»i8ofvotej-s, 'General  rule  of 

of  voters.  Exceptions  to  general  rule  of. 

of  Senators  and  Representatives 

See,  also,  ior  special  disqualificationa 

See,  also.  Disqualifications. 

But  for'full  digest  of  qualifications  and  disqualifications   of 

members  of  General  Assembly,    see  General  Assembly,  head 

of  Constitution,    etc.,    sub-head   of   Qualifications  of  mem- 

hert. 
Each'house  of  General  Assembly  to  be  sole  judge   of  the,   of  its 

own  members 

for  officCiOf  Governor 

of  Judges  of  Supreme  Cou-t 

of  Judges  of  Circuit  Courts 

of  Special  Judges  of  Circuit  Courts 

of  Judges  of  County  Courts 

of  Prosecuting  Attorneys 

of  Justices  of  the  Peace 

of  an"elector,  requisite  in  order  to  the  holding  of  office 

of  surities  upon  official  bonds  of  State  and  county  .officers 

Militia  officers,  officers  of  public  schools,  and  Notaries,    eligible 

to  executive  or  judicial  offices 

of  voters  at  election  under  schedule 

Quartering  of  soldiers 

Question,  elsewhere  than  in  the  house  of  General  Assembly,    for   speech 

or  debate  there,  prohibited 

Quorum  of  Senate  and'House  of  Representatives 

of  Supreme  court 

"^Quorum  of  the  County 

to  consist  of  the  County  Judge,  sitting  with,  and  assi8ted(by,[all 

the  Justices  of  the  Peace  of  the  county 

Functions    of,    to    consist  I  in  levying   the  county   taxes  ."and 

making  appropriations   for  the  expenses 'of  the  county 

County  JudgD'and  majority  of  the  Justices  of  the^Place,  to  con- 
stitute the    quorum 


5 

11 

11 

6 

5 

17 

6 

23 

16 

25 

21 

26 

2^ 

27 

24 

26 

7 

41 

30 

19 

3 

55 

19 

21 

59 

19 

28 

60 

Sc 

4 

61 

2 

27 

7 

5 

15 

12 

5 

11 

n 

7 

2,3 

32 

7 

30 

27 

INDEX  TO  CONSTITUTION. 


clxxxvli 


In  absence  of  County  Judge,  majority  of  the  Justices  may  con- 
stitute the  Court,  and  elect  one  of  their  own  number  to  pre- 
side  

General  Assembly  to  regulate  by  law  the  manner  of  compelling 

the  attendance  of  a   quorum 

*See  note  at  foot  of  page. 
Quo-warranto,  Supreme  Court  may  issue  writs  of,  in  aid  of  its   appellate 

and  supervisory  jurisdiction 

Supreme    Court  may,    in  the  exercise    of  the   original  juris- 
,    diction,   issue  writs    of,    to  Circuit  Judges  and  Chancellors, 
and  to  oflScers  of  political  corporations,  when  the  question  in- 
volved is  the  legal  existence  of  such  corporations 


R. 


5EC.  PaGB. 

30  27 


Race,  No  distinction  in  point  of  civil  rights  or  duties,  on  account   of. 

Railroad  companies 

Obligations  or  liabilities  of,  hold  or  owned  by  State,  never  to  be 
exchanged,  transferred,  remitted,  postponed,  or  in  any  way 
diminished,  by  General  Assembly,  or  released  except  by  pay- 
ment thereof  into  the  State  treasury 

to  be  common  •arriers 

Right ef,  to  construct  and  operate  railroads  between  any  points 
within  this  State 

Right  of,  to  connect,  at  State  line,  with  railroads  of  other 
States 

Right  of,  to  intersect,  connect  with,  or  cross,  other  reads 

to  receive  and  transport  passengers,  tonnage,  and  cars,  of  other 
roads,  without  delay  or  discrimination 

to  maintain  one  office  in  the  State,  where  transfers  of  stock 
shall  be  made 

Books  of  to  be  kept  at  ofiBce,  for  inspection  by  stockholders  and 
creditors 

Books  of,    to   show   ownership,    amounts,    and   transfers,    of 

stock,  and  names  and  place  of  residence   of  ofiScers 

iZatZroods,  Equal  right  of  all  individuals,  corporations,  etc.,  to  trans- 
portation of  persons  and   property  over 

Railroad  Companies,  Consolidation,  lease,  purchase,  or  control,  of  par- 
allel or  competing  lines, of  road,  by, or  by  its  lessees,  purcha- 
sers, or  managers,    prohibited 

OflBcers  of,  not  to  act  as  officers  of  similar  corporations  control- 
ling parallel  or  competing   lines 

officers  of  prohibited  from  interest  direct  or  indirect  in  fur- 
nishing materials  or  supplies  to  such  company  or  in  its  busi- 
ness as  common  carrier 

prohibited  from  making  discrimination  in  charges,  or  facilities 
for  transportation,  by  abatement,  drawback,  or  otherwise 

or  their  lessees,  managers,  or  employes,  prohibited  from  mak- 
ing preferences  in  furnishing  cars  or  motive  power 

General  Assembly  to  prevent,  by  law,  grant  of  free  passes  by, 
to  any  officer  of  the  State 

laws  to  be  passed  to  correct  abuses,  and  to  prevent  unjust  dis- 
crimination, and  excessive  charges  by,  etc 

Rolling  stock  and  all  other  movable  property  of,  to  be  con- 
sidered and  treated  as  personal  property,  and  to  be  liable  to 
execution  and  sale 

General  Assembly  to  pass  no  law  exempting  movable  property 
of,  from  execution  and  sale 

Annual  report  of,  to  Auditor  of  Public  Accounts 

See,  also,  corporations. 

Railroads,  Canals,  annd  Turnpikes 

Railroads  to  be  public  highways 

Right  to  construct  and  operate 

Connections  and  intersections  of 

Undue  or  unreasonable  discrimination  in  charges,  and  in  fa- 
cilities of  transportation,  upon,  prohibited 

Rule  of  uniform  charges  for  transportation  upon 

permitted    to  issue  excursion  and  commmutation  tickets  at 
special  rates „ 


2 
17 

3 

2 

48 

5 

33 

15 

17 

1 

48 

17 

1 

48 

17 

1 

48 

17 

1 

48 

17 

1 

48 

17 

2 

48 

17 

2 

48 

17 

2 

48 

17 

3 

48 

17 

4 

49 

17 

4 

49 

17 

5 

49 

17 

6 

49 

17 

6 

49 

17 

7 

50 

17 

10 

50 

17 

11 

50 

17 

13 

50 

17 

48 

17 

i 

48 

17 

1 

48 

17 

1 

48 

17 

3 

48 

17 

3 

49 

clxxxviii  INDEX  TO  CONSTITUTION. 


Railroad,  Question  of  parallelism  orcompetion  of  lines  of,  to   be   decided 

by  a  jury,  as  in    other  civil  issues 

responsible  for  all  damages  to  persons  and  property,  under.reg- 

ulations  prescribed  by  General  Assembly 

General  Assembly   to  secure,    as   far  as  possible,    the   lives, 

health,  and  safety  of  travelers  upon 

Sates  of  transportation ". 

Ratio  of  representation  in  the  House  of  Representatives 

of  representation  in  the  Senate 

Reading  of  hills 

Real  estate.  Tenure  of  (exclusively  allodial) 

Courts  of  Common  Pleas  not  to  be  vested  with  jurisdiction   in 

matters  involving  title  to 

Jurisdiction  prohibited  to  Justices  of  the.Peace  where  lien  on, 

or  title,  or  possession  to,  involved 

See  Real propert.iy ,  below. 

Real  property.  Separate,  oifeme  covert 

Assessments  on,    for   local   improvements,    in   towns   or   cit- 
ies  

See  Real  Estate,  above. 

Relellion,  Suspension  of  habeas  corpus  in  case  of. 

Power  of  Governor   to   call   out  volunteers    or  militia    to  re- 
press  

Receipts  of  public  money.  Publication  of. 

Receivers,  Homesteads  subject  to  seizure  under  judgments   against,    for 

moneys  collected  by  them 

Recess  of  Senate,  Power  of  Governor,  in  cases  of  treason,  to  grant  respite 

of  sentence  in 

Recommendations,  by  Governor,  to  General  Assembly 

Recovery  for  injuries  to  person  or  property,  or  resulting  in  death 

Recorder,  clerks  of  circuit   courts    (except   in   counties   where    separate 

County  Clerk  is  chosen)    to  be 

Recovery  of  personal  property,  snytsioT,   Jurisdiction   of  Justice  of  the 

Peace  in 

.Becojmrferah'on  of  bills  returned,  disapproved   by  Governor 

of  joint  and   concurrent   orders   and   resolutions   disapproved 

by  Governor 

of  items,  disapproved  by  Governor,  of  bills  making  appropria- 
tions  ; 

Record  of  oflBcial  acts  and   proceedings  of  the  Governor,    Secretary   of 

State  to  keep 

JBecorrfs,  oflScial,  to  be  turned  over  to  ofiScers  chosen  at   first  election 

of  County  Boards  of  Supervisors,  Criminal  Courts,  and  of  pro- 
bate business  of  Circuit  Courts,  to  be  transferred  to  Probate 

Courts,  respectively 

.Recorder  ineligible  to  seat  in  either  house  of  General  Assembly 

Re-enactment  of  laws,  to  be  by  publication  at  length 

.Be/ormaft'oTi,  of  government,  Eight  of  the  people    to 

Reformatory  purposes,    Corporations  for 

Registration,  No  law  to  be  enacted  whereby  the  right  to  vote  at  any  elec- 
tion shall  depend  upon  any  previous,  of  the  elector's  name 

of  voters  at  election  under  Schedule 

^e^ase  of  obligations  or  liabilities    of  corporations,   held  or   owned   by 
State,   save  by  payment  into  the   public  treasury,  Iprohib- 

ited 

Relief,  grant  of  which  is  within  jurisdiction  of  the  courts,  notto  be  grant- 
ed by  special  law 

Religion  essential  to  good  government 

JZeKflTioMs  6e?tc/,  No  person  to  be  rendered  incompetent  as  a  witness,    on 

account  of  his 

Religious  denomination,  Each,  to  be  protected  in  peaceable  enjoyment  of 

its  own  mode  of  public  worship 

Religious  establishment,  No  preference  ever  to  be  given,  by  law,  to  any 

Religious  liberty.  Acknowledgment  of  gratitude  to  God  for 

Perpetuation  and  security  of,  one  of  the  objects  of  the^Consiitu- 

tion 

Natural  and  Indefeasible  right  of. 

See,  also 

Religious  test,  as'quUlification  to  vote  or  hold  oflBce,  prohibited 


Art. 

Sec. 

Pagk. 

17 

4 

49 

17 

12 

50 

19 

18 

58 

17 

1,3,6,10 

48,49,50 

8 

1 

32 

8 

2 

35 

5 

22 

13 

2 

28 

7 

7 

32 

28 

7 

40 

30 

9 

7 

39 

19 

27 

60 

2 

11 

4 

11 

4 

40 

19 

12 

57 

9 

3 

38 

G 

18 

20 

6 

8 

18 

5 

32 

15 

7 

19 

25 

7 

40 

29 

6 

15 

19 

6 

16 

20 

6 

17 

20 

fi 

21 

21 

Sc 

21 

m 

Sc 

23 

66 

5 

7 

11 

5 

23 

14 

2 

1 

2 

12 

2 

41 

3 

2 

7 

Sc 

12 

63 

5,12 

33.12 

15,43 

5 

25 

14 

2 

25 

6 

2 

25 

2 

2t 

Pr 

Pr 

2 

24 

2 

2») 

2 

26 

Skc. 

Pagms. 

33 

15 

18 

20 

8 

50 

4 

22 

13 

4 

4 

3 

12,13,14 

18 

13 

18 

27 

27 

2 

40 

1 

45 

3 

45 

15 

57 

40 

29 

13 

50 

7 

17 

INDEX  TO  CONSTITUTION.  clx;xxix 

Art. 
Hemission  of  obligations  or  liabilities  of  corporations,  held  or  owned  by 

State,   prohibited 5 

of  fines  and  forfeitures  by  Governor 6 

of  forfeiture  of  charters,  Conditions  of. 17 

Remedial  writs.  Judges  of  Supreme  Court,  severally  to  have  power  to 

issue 7 

Remedy  ior  injuries  and  wrongs.  Right  to .* 2 

Remonstrance.  Right  of. 2 

Removal  of  Governor,  OflSce  how  filled  in  case  of. 6 

of  President    of  Senate  during  vacancy  in  ofiice  of  Governor, 

Governorship  how  filled  in  case  of. 6 

of  county  and  township  oflicers  by  Circuit  Courts 7 

of  State  Geologist  from  ofiice 10 

from  office,  a  punishment  in  cases  of  impeachment 15 

of  State  officers,  on  address  of  General  Assembly 15 

of  members  of  State  Board  of  Supervisors  of  Election  under 

Schedule So 

Repairing  of  rooms  used  for  meeting  of  General  Assembly  and  its  com- 
mittees, to  be  performed  under  contract,  to  be  given  to  lowest 
responsible  bidder,  below  maximum  price,  under  regulations 

to  be  prescribed  by  law 19 

Replevin,  Jurisdiction  of  Justices  of  the  Peace  in 7 

Report,  Annual,  of  railroad  companies,  to  Auditor  of  Public  Accounts 17 

Reports  from  ofiicers  of  Executive  Department,  Governor  may  require 6 

of  departments.  Printing,  binding,  and  distributing  of,  to  be 
performed  under  contract  to  be  given  to  lowest  responsible 
bidder,  below  maximum  price,  under  regulations  to  be  pre- 
scribed by  law 19 

Reports  to  General  Assembly— soe  General  Assembly,  under  sub-head  of 
Reports  to. 

Reporter  of  Supreme  Court 7 

Representation  in  the  House  of  Representatives 8 

in  the  Senate 8 

Representative  capacity.  All  elections  by  persons  acting  in,  to  be  viva 

voce 3 

Representative  in  Congress  not  to  exercise  office  of  Governor 6 

Representatives,  Classes  disqualified  to  serve  as 5,-19 

how  chosen 5 

Term  of  office  of 5 

Qualifications  of 5 

Election  of,  to  fill  vacancies 5 

during  term  for  which  elected,  not  to  be  appointed  or  elected  to 

any  civil  office  under  the  State 5 

qualifications,  returns,  and  elections,  of.  House  of  Representa- 
tives to  be  sole  judge  of. 5 

punishable,  by  House,  for  contempt  or  disorderly  bthavior  in 

its  presence 5 

Power  of  House  to  protect,  against  violence,  offers  of  bribes,  or 

private  solicitations 5 

Expulsion  of 5 

expelled  for  corruption,  ineligible  to  either  house 5 

punished,  by  House,  for  contempt  or  disorderly  behavior,  may 

nevertheless  be  indicted  therefor 5 

Privilege  of,  of  freedom  from  arrest 5 

Privilege  of,  of  freedom  of  speech  and  debate 5 

Term  of,  to  begin  on  day  .of  their  election 5 

not  to  receive  increase  of  pay  during  term  for  which  elected, 

under  any  law  passed  during  such  term 5,19 

Per  diem  pay,  and  mileage,  of. 5,19.So 

Apportionment  of 8 

Apportionment  of,  to  be  made  only  at  first  regular  session  after 

each  census 8  4  37 

not  to  be  interested  in  contracts  for  stationery,  paper,  fuel, 
printing,  binding,  or  distribution  of  documents,  for  State 
government,  or  repairing  or  furnishing  halls  and  rooms  of 

General  Assembly ^..  19  15  57 

Oath  of  office  of. 19  20  58 

First  election.for Sc  3  61 

Grant  of  free  passes  to,  by  any  railroad  or  transportation  com- 
pany, to  be  prevented  by  law 17  7  50 


7 

23 

1 

32 

2 

35 

12 

9 

11 

18 

7,8,9-1 

11,55 

2 

10 

2 

10 

4 

10 

6 

10 

10 

11 

11 

11 

12 

11 

12 

11 

12,36 

11,16 

12 

12 

12 

12 

15 

12 

15 

12 

16 

12 

16,11 

12.57 

16,11.28 

12,57,67 

1 

32 

cxc  INDEX  TO  CONSTITUTION. 

Art,  Sec.  Page 

First  election  of Sc                19  6 

chosen  at  firstelection.  Certificates  of  election  of. Sc                19  65 

Salary  and  mileage  of,  during  two  years  from  adoption  of  Con- 
stitution   Sc                28  67 

Representatives,  House  of,  a  constituent  part  of  General  Assembly 5                  1  10 

how  constituted 5                  2  10 

Term  of  office  of  members  of. 5                   2  10 

Election  of  members  of. 5                  2  10 

Qualifications  of  members  of. 5                  4  10 

Disqualifications  for  membership  of 5,-19  7,S,9,12— 1  11,55 

Vacancies  in 5                  6  10 

No  member  of,  during  term  for  which  elected,  to  be  appointed 

or  elected  to  any  civil  office  under  the  State 5                10  11 

to  appoint  its  own  officers 5                11  11 

to  be  sole  judge  of  qualifications,  returns,  and'ieleotions,  of  its 

own  members 5                11  11 

Quorum  of. 5                 11  11 

Powers  of  members  less  in  number  than  quorum  of 5                11  11 

Power  of,  to  determine  rules  of  its  proceedings 5                  12  11 

Power  of,  to  punish  for  contempt  or  disorderly  behavior  in  its 

presence 5                12  11 

Power  of,  to  enforce  obedience  to  its  process 5                12  11 

Expulsion  of  members  of. 5                12  11 

Member  of.  expelled  for  corruption,  ineligible  to  either  house...  5                 12  12 
Punishment  by,  for  contempt  or  disorderly  behavior,  no  bar  to 

indictment  for  same  offence 5                 12  12 

to  keep  journal  of  its  proceedings 5                 12  12 

to  publish  journal,  except  such  parts  as  ^require  secrecy 5                12  12 

to  cause  yeas  and  nays^to  be  entered  on  journal,  at  desire  of  five 

members 5                12  12 

Publicitylor  secrecy  of  sessions  of. 12  12 

Joint  or  concurrent  vote  of  both   houses,  on  appointment  of 

officers,  to  be  entered  on  journal  of 14  12 

Members' privilege,  of  freedom  from  arrest 5                15  12 

Members' privilege  of.  freedom  of  speech  and  debate 5                15  12 

Term  of  members  of,  to  begin  on  day  of  their  election 5                16  12 

Elections  of  presiding  officer  of 5                 18  1 

Presiding  officer  of,  to  be  styled  Speaker  of  the  House.of  Kepre- 

sentatives 5                 18  13 

Per  diem  pay,  and  mileage,  of  members  of 5, 19  Sc      16,11,28     12,57,67 

No  member  of,  to  receive  increase  or  pay  during  term  for  which 

elected,  under  any  law  passed  during  such  term 5, 19  16,  11  12,57 

Alteration  or  amendment  of  bills,  on  passage  through,  not  to 

be  such  as  to  change  their  original  purpose 5                23  13 

Reading  of  bills  in 5                 22  11 

Requirements  for  valid  final  passare  of  bills  in 5                 22  13 

not  to   adjourn   for  more  than  three  days,  without  consent  of 

Senate 5                28  15 

not  to  adjourn,  without  consent  of  Senate,  to  any  other  place 

than  that  in  which  the  two  houses  shall  be  sitting 5                28  15 

No  new  bill  to  be  introduced  into,  during  last  three  days  of  ses- 
sion   5                 34  16 

Proceedings  to  expel  member  of,  for  criminal  offence,  not  to  bar 

indictment  and  punishment  for  same  offence 5                36  16 

Speaker  of,  to  receive,  open,  and  publish  in  presence  of  both 
houses,  the  votes  «ast  for  officers  of  Executive  Depart- 
ment   6                  3  16 

Governor  to  return  to,  with  his  objections,  bills  originating  in, 

and  by  him  disapproved 6                15  19 

Proceedings  in,  upon  bills  returned,  disapproved,  by  Gover- 
nor   6                15  19 

to  enter  at  large,  upon  its  journals.    Governor's  objections  to 

bills  originating  in,  and  by  him  disapproved 6                15  19 

Governor  to  return  to,  with  his  objections,  joint  and  concur- 
rent orders  or  resolutions,  originating  in,  and  by  him  disap- 
proved   6                16  20 

how  constituted 8                  1  32 

Elections  in,  to  be  viva  voce 3,5            12,14  9,12 

Manner  of  filling  vacancies  in 5                  6  10 


INDEX  TO  CONSTITUTION. 


CXCl 


Art.  Sec. 

Representatives,  House  of:  No  increase  of  salaries  of  members  to  be  made, 

to  take  eflFect  before  meeting  of  next  General  Assembly 19  11 

Case  of  disagreement  between,  and  Senate,  with  respect  to  time 
of  adjournment G  20 

Apportionment  of  Representatives „ 8  1,4 

What  oflacers  subject  to  impeachment 15  1 

to  have  the  sole  power  of  impeachment 15  2 

Penalty  upon  members  or  officers  of,  making  profit  out  of  public 
moneys 16  3 

Grant  of  free  passes  by  railroad  or  transportation  companies, 
to  members  of,  to  be  prevented  by  law 17  7 

Prohibition  of  interest,  on  the  part  of  members,  in  contracts  for 
stationery,  printing,  paper,  fuel,  for  use  of  any  department  of 
government,  or  for  repairing  or  furnishing  the  halls  and 
rooms  used  for  meetings  of  the  General  Assembly 19  15 

Returns  for  members  of. 19  10 

Stationery. printing,paper,  fuel,  and  repairing  and  furnishing  of 
halls  and  rooms  for 19  15 

Oath  of  office  of  members 19  20 

Procedure  in  matter  of  amendments  to  Constitution 19  22 

First  election  of  members  of,  after  adoption  of  Constitution Sc  3,  16, 

17,  19 

Returns  and  certificates  of  first  election  for  members  of,  after 
adoption  of  Constitution Sc       16.17,19 

Certificate  of  State  Board  of  Supervisors  of  election  under 
Schedule,  to  be  made  to  the  Speaker  of Sc  17 

Announcement.by  Speaker, of  result  of  Election  under  Schedule, 
for  Executive  officers  of  State Sc  17 

Payand  mileage  of  members 5,19,Sc       16,11,28 

See,  also.  General  Assembly,  under  each  principal  head, 
sub-head  of  Senate,  sub-head  of  House  of  Representatives, 
Representatives,  House  of,  /Speaker  of— see  Speaker. 
Reprieve, Qovernor,  except  in  cases  of  treason  and  impeachment,  to  have 

power  to  grant,  after  conviction 6 

in  cases  of  treason.  Governor's  power  to  grant 6' 

Each  case  of,  to  be  communicated,  by  Governor,  to  General 
Assembly,  with  his  reasons  therefor,  and  prescribed  state- 
ment of  particulars 6 

Repuhlic,  genius  of  a.  Perpetuities  and  monopolies  declared  contrary 

to 2 

Reputation,  Right  of  acquiring,  possessing,   and   protecting,    inherent 

and  inalienable 2 

Residence,  Length  of,  required  as  qualification  of  voter 3. 

Soldiers,  sailors,  and  marines,  of  the  U.  S.,  not  to  acquire  by 
reason  of  being  stationed  in  the  State 3 

Length  of,  required  as  qualification  for  office  of  Senator 5 

Length  of,  required  as  qualification  for  office  of  Representa- 
tive   5 

Length  of,  required  as  qualification  for  office  of  Governor 6 

Length  of,  required  as  qualification  for  office  of  Judge  of 
Supreme  Court 7 

Length  of,  required  aa  qualification  for  office  of  Judge  of 
Circuit  Courts 7 

Length  of,  required  as  qualification  for  office  of  Prosecuting 
Attorney 7 

Length  of,  required  as  qualification  for  office  of  Judge  of  Coun- 
ty Court 7 

Length  of,  required  as  qualification  for  office  of  Justice  of  the 
Peace 7 

of  State,  district,  county,  and  township,  civil  officers,  to  be 
within  the  limits  of  their  respective  jurisdictions 19 

Absence  on  business  of  descriptions  specified,  to  cause  no  for- 
feiture of 19 

Length  of,  required  of  sureties  upon  official  bonds  of  State  and 

county  officers 19 

Resident  aliens.  Distinctions  of  law  between,  and  citizens,  in  matters  of 

property,  forever  prohibited 2 

Residents  of  counties,  cities,  or   towns.  Right  of,  to"  appeal  from  allow- 
ances made  for  or  against  the  same 7 

20 


Page. 

57 

21 

32,33,37 
45 
45 

4C 

50 


64,66 
65 


65 
12,57,07 


18 

20 

18 

20 

18 

20 

19 

5 

2 

2 

1 

7 

7 

8 

4 

10 

4 

10 

5 

17 

6 

23 

16 

25 

24 

26 

29 

27 

41 

30 

4 

56 

7 

06 

21 

59 

20 

5 

51 

32 

INDEX  TO  CONSTITUTION. 


9 

37 

11 

1 

40 

6 

12, 13.  U 

18 

Art.  Skc.  Paoe. 

Residents  of  the   State,  privileged  in   matter  of  exemption  of  personal 

property  from  seizure  for  debt 

of  the  State,  with  exceptions  stated,  to  compose  the  militia 

Besignation  of  Governor,  OflBce  how  filled  in  case  of 

of  President  of  Senate,  during  vacancy  in  oflnce  of  Governor, 

Governorship  how  filled  in  case  of. 6  13  IS 

of  members  of  State  Board  of  Supervisors  of  Election  under 

Schedule Sc  7  62 

Resolutions  requiring  concurrence  of  both  houses  of  General  Assembly, 
except  on  questions  of  adjournment,  to  be  presented  to  Gov- 

nor,  and.  before  taking  efifect,  to  be  approved  by  him 6  16  20 

requiringconcurrenceof  both  houses  of  General  Assembly,  ex- 
cept on  questions  of  adjournment,  if  disapproved  by  Gover- 
nor, to  be  repassed  by  both  houses,  as  in  case  of  bill 6  16  20 

Respite  of  sentence  in  cases  of  treason.  Power  of  Governor  to  grant,  in 

recess  of  Senate 6  18  20 

Return  of  bills  disapproved  by  Governor 6  15  19 

by  Governor,  of  joint  and  concurrent  orders  or  resolutions,  dis- 
approved, to  be  made  as  in  case  of  bills 6  16  20 

by  Governor,  of  items,  disapproved,  of  bills  making  appropri- 

tions 6  17  20 

Returning  officers  of  elections    for  officers    of    Executive  Department, 

Duty  of 6  3  16 

Returns  of  election  failing  to  record  vote  or  ballot  of  qualified  elector, 
such  vote  or  ballot  nevertheless  to  be  counted  upon  trial  of 

contest 3  11  9 

Each  house  of  General   Ajsembly   to  be   sole  judge  of.  of  its 

own   members 

for  officers  of  Executive  Department 

to  fill  vacancy  in  office  of  Governor 

for  officers  to  be  commissioned  by  the  Governor,  and  members 

of  the  General  Assembly 

under  Schedule 


5 

11 

11 

6 

3 

16 

6 

14 

19 

19 

10 

56 

Sc 

16,  17, 
18,  19 

64,  65.  66 

19 

12 

57 

7 

37 

29 

19 

17 

58 

Revenue,  Publication  of  receipts  and  expenditures  of. 

See,  also.  Taxes  and  Taxation,  etc.,  etc. 
Review  of  order  of  County  Judge  for  issue  of  provisional  writ  in  case  of 

absence  of  Circuit  Judge  

Revision  of  the  laws  of  the  State 

Revival  of  laws,  not  to  be  by  reference  to  title  only,  but  by   re-enact- 
ment, and  publication,  at  length,  of  portions  revived 5  23 

Right  of  the  people  to  alter,  abolish,  or  reform,  government,  in  such 

manner  as  they  may  think  proper 2  1 

Citizen  not  to  be  deprived  of,  on  account  of  race,  color,  or  pre- 
vious condition 

of  peaceable  assembly,  to  consult  for  the   common  good 

of  petition,  by  address  or  remonstrance 

to  keep  and  bear  arms,  for  the  common  defence 

of  free  press 

to  free  communication  of  thoughts  and  opinions 

of  trial  by  jury 

to  due  process  of  law 

of  life,  liberty,  and  property.  Security  for 

to  bail 

of  accused,  to  speedy  and  public  trial  by  jury 

of  accused,  to  change  of  venue 

of  accused,  to  information  of  nature  and  cause  of  accusation 

of  accused,  to  copy  of  information 

of  accused,  to  be  confronted  with  witnesses  against  him 

of  accused,  to  compulsory  process  for  obtaining  witnesses  in  his 
favor 

of  accused,  to  be  heard  by  himself  and  his  counsel 

to  a  certain  remedy,  in  the  laws,  for  injuries   and   wron  s,  to 
person,  property,  or  character 

to  obtain  justice,  freely,  completely,   and  properly,    confirma- 
bly  to  the  laws 

to  security  against  unreasonable  searches  and  seizures 

of  property,  before,  and  higher  than,  any  constitutional   sanc- 
tion  

of  compensation  for   property   taken   or   damaged   for  public 
use 

of  eminent  domain 


2 

3 

2 

2 

4 

3 

2 

4 

3 

2 

5 

3 

2 

6 

3 

2 

6 

3 

2 

7 

3 

2 

8 

3 

2 

8 

2 

8 

2 

10 

2 

10 

2 

10 

2 

10 

2 

IQ 

2 

10 

2 

10 

2 

13 

2 

13 

2 

15 

5 

2 

22 

6 

22 

22 

23 

1.17 

23,9 

6,£0 

s. 


Salaries  [  General  provisions  regarding ;] 

of  members  of  General  Assembly,  General  Assembly  to  pro- 
vide no  increase  of,  to  take  effect  before  meeting  of  next 
legislature 

of  officers  in  the  State,  General  Assembly  to  fix 

not  to  be  paid  at  rate  other  than  par  value 

of  clerks  and  employes  of  departments  of  State,  to  be  fixed  by 
law 

of  public  officers,  General  Assembly  to  regulate  deductions 
from,  for  neglect  of  duty 

of  State  officers,  not  to  be  increased  or  diminished  during  their 
respective  terms  of  office 

fees,  and  perquisites  of  State,  county,  city,  and  town  officers, 
not  to  exceed  five  thousand  dollars,  net  profit,  per  annum  in 

par  funds 

For  all  other  provisions  regarding  salaries,  see  Compensa- 
tion, 


Art. 

Sec. 

Page. 

2 

23 

6 

2 

24 

6 

2 

24 

6 

3 

1 

7 

3 

5,6.7 

8 

17 

9 

50 

5 

32 

15 

12 

9 

42 

2 

2 

INDEX  TO  CONSTITUTION.  cxciii 


Right  of    taxation 

of  religious  liberty 

of   conscience 

of  suffrage,  Conditions  of  exercise  of— general  rule 

of  suffrage.  Exceptions  to  general  rule  respecting  exercise  of 

of  suffrage,  No  power,  civil  or  military,  ever  to  interfere  to  pre- 
vent free  exercise  of. 

of  suffrage,  not  to  depend  upon  any  previous  registration  of  the 

elector's  name 

of  suffrage,  not  to  be  impaired  or  forfeited,  except  for  the  com- 
mission of  a  felony  at  common  law,  upon  lawful  conviction 

thereof. .' 

of  suffrage— See,  further, Art.  Ill, passim,  and  entries  under 
Elections. 

to  construct  and  operate  railroads 

of  railroad  companies,  to  intersect,  connect  with,  or  cross,  oth- 
er roads 

State's,  of  eminent  domain,  over  property  and  franchise  of  in- 
corporated companies 

Right  of  action  for  injuries  to  person  or  property,  or   resulting   in  death... 

jRtffAt  o/ way  appropriated  to  use  of  corporations,  Compensation  for 

Rights,  Declaration  of 

Declaration  of.  Enumeration  in,  of  rights,  not  to  be   construed 

to  deny  or  disparage  others  retained  by  the  people 2  29  7 

Declaration  of.  Everything  contained  in,  excepted  out  of  the 
general  powers  of  the  government,  and  forever  to  remain  in- 
violate   2  29  7 

Declaration  of.  All  laws  contrary  to  provisions  of,  to  be  void 2  29  7 

Inherent  and  inalienable,  of  all  men 2  2,24  2,6 

Inherent  and  inalienable,  of  men,   Governments  instituted  for 

security  of. , 2  2  2 

of  accused,  in  criminal  prosecutions  for  libel 2  6  3 

of  accused,  in  criminal  prosecutions  generally 2  8,9,10  3,4 

Natural  and  indefeasible,  of  all  men,  in  matters  of  religion  and 

conscience ." 2  24  6 

jBiot,  Power  of  Governor  to  call  out  volunteers  or  militia  to  repress 11  4  40 

Roads,  Vacating  of,  not  to  be  effected  by  special  law 5  24  14 

County  courts  to  have   exclusive   original  jurisdiction  in   all 

matters  relating  to 7  28  27 

Rolling  stock  of  railroads,  to  be  considered  and  treated  as  personal  prop- 
erty  .^ 17  11  50 

Rooms  used  for  committees  of  General  Assembly,  Repairing  and  furnish- 
ing of,  to  be  performed  under  contract,  to  be  given  to  lowest 
responsible  bidder,  below  maximum  price,  under  regulations 

to  be  prescribed  by  law 19  15  57 

i2t«Z€«of  proceedings.  Each  house  of  General   Assembly  may   determine 

its  own 5  12  11 

Suspension  of,  to  enable  bill  to  be  read  more  than  onceon  same 
day 5  22  13 


19 

16.  11 

12,5 

16 

4 

46 

16 

4 

46 

INDEX  TO  CONSTITUTION. 


Art. 
2 


Sec. 
11 


Paqb. 


Sc 


14 


16 


44 


14 
14 

2 
3 

44 
44 

14 

3 

44 

14 

3 

45 

14 

3 

45 

14 

3 

45 

14 

1 

44 

14 

4 

45 

14 

1 

44 

14 

3 

44 

14 

3 

44 

5 

31 

15 

,5 

7 

11 

19 

26 

60 

Safety,  public,  Suspension  of  habeas  corpus  for,  in  certain  cases 

Sailors  in  service  of  U,  S.  not  to  acquire  residence  by  being  stationed 

in  the  State 

Schedule 

Election     held     under    provision's  of — see  Election   under 
Schedule. 

School  apparatus,  exempt  from  taxation 

School  buildings,  exempt  from  taxation 

School-districts  maybe  authorized, by  vote  of  the  electors  of  the  district, 

to  levy  limited  school-tax 

See  ifi^chool  tax,  below^ 
School  fund.  Money  or  property  belonging  to,  not  to  be  used  for  other  than 

its  proper  purpose 

School  tax,  State,  not  to  exceed  two  mills  per  dollar,  annually,  on  tax- 
able property  of  the  State 

by  the  poll,  prescribed 

General  Assembly  may  authorize  school  district,  by  a  vote  of 

the  qualified  electors  of  the  district,  to  levy 

of  districts,  not  to  exceed  five  mills  per  dollar,  annually 

of  districts,  to   be  appropriated  only  to  its  proper  purpose,  in 

the  district  where  levied 

Schools,  free.  The  State  ever  to  maintain  a  general,  suitable,  and  efiB- 

cient  system  of 

public.  Supervision  and   execution  of  laws  regulating,  to  be 

vested  as  may  be  provided  by   General  Assembly 

free.   Whom  to  receive  gratuitous  instruction  in 

General  Assembly  to  provide, by  general  laAVs.for  support  of,  by 

taxes  specified 

Poll-tax,  for  support  of. 

Levy  of  State  tax,  and  appropriations  of  money,  to  sustain, 
constitute  exceptions  to  rule  requiring  majority  of  two-thirds 

of  both  houses  of  General  Assembly 

public.  Officers  of,  eligible  to  seats  in  General  Assembly 

Officers  of,  eligible  to  exccutive-«r  judicial  office 

Libraries  and  grounds  used  exclusively  for  purposes  of,  exempt 

from  taxation 

See,  also.   Superintendent  of  Public  Instruction,  Universities, 
and  the  entries  immediately  above. 

Scrip,   Interest-bearing,  State  never  to  issue 

Seal  of  the  State 

to  be   called  the   "Great  Seal  of  the  State  of  Arkansas" 

to  be  kept  by  the  Governor,  and  used  by  him  officially 

to  be  affixed  to  grants  and  commissions 

Sealed  instruments,  concerning  contracts  between  individuals,  executed 

since  adoption  of  Constitution  of  1868,  Rule  respecting 

Searches,  unreasonable.  Right  to  security  against 

Scat  o/ (government  to  be  and  remain  at  Little  Rock 1  ..  2 

General  Assembly  to  meet  at 5  5  10 

Sessions  at  place  other  than f  5,-6    28.-19,20    15,-20,21 

Officers  of  Executive  Department  to  keep  their  offices,  in  per- 
son, at 

Terms  of  Supreme  Court  to  be  held  at 

Sebastian  County  may  have  two  districts,  and  two  county  seats,  at  which 
County,  Probate,  and  Circuit  Courts  may  be  held  (each  dis- 
trict paying  its  own  expenses) 

Secrecy   of  the  ballot 

Parts  ol  journals  of  two  houses  of    General  Assembly,  requir- 
ing, need  not  be  published 

Secret  sessions  of  Senate  and  House  of  Representatives 

Secretary  of  State,   an  officer  of  Executive  Department 

how  chosen 

Returns  of  election  of. 

Case  of  tie  in  elections  for 

Contested  elections  for 

Term  of  office  of. 

Salary  of.  etc 19, 

Salary  of,  during  two  years  from  adoption  of  Constitution 

Vacancy  in  office  of. 

liable  to  impeachment 


47 


16 

1 

46 

19 

25 

60 

6 

9 

18 

6 

9 

18 

6 

10 

18 

Sc 

1 

60 

2 

15 

5 

6 

1 

16 

7 

8 

23 

13 

5 

44 

3 

3 

8 

5 

12 

12 

5 

13 

12 

6 

1 

16 

6 

3 

16 

6 

3 

16 

6 

3 

17 

6 

4 

17 

6 

1 

16 

Sc 

11,  28 

56.  67 

Sc 

28 

67 

6 

22 

21 

15 

1 

45 

INDEX  TO  CONSTITUTION. 


Secretai-y  of  State,  how  removable  upon  address 

to  keep  his  office,  in  person,  at  seat  of  government 

ineligible  to  seat  in  cither  house  of  General  Assembly 

to  hold  no  office  or  commission,  civil  or  military,  in  this,  or 
under  any.  State,  or  the  U.  S.,  or  any  other  power,  atone 
and  the  same  time , 

to  perform  such  duties  as  may  be  prescribed  by  law 

to  keep  full  and  accurate  record  of  all  official  acts  and  pro- 
ceedings of  the  Governor ., 

to  attest  all  grants  and  commissions 

to  discharge  duties  of  Superintendent  of  Public  Instruction, 
until  otherwise  provided  by  law 

to  lay  before  either  branch  of  the  General  Assembly,  when  re- 
quired, all  official  acts  and  proceedings  of  the  Governor,  with 
all  papers,  minutes,  and  vouchers,  relating  thereto 

a  member  of  Board  of  Canvassers  of  returns  of  election  to  fill 
vacancy  in  office  of  Governor 

Returns  of  elections  for  officers  to  be  commissioned  by  the  Gov- 
ernor, and  for  members  of  General  Assembly  (except  as 
otherwise  provided  by  Constitution),  to  be  made  to 

Bills  disapproved  by  Governor,  return  of  which  has  been  pre- 
vented by  adjournment  of  General  Assembly,  to  be  filed,  with 
objections,  in  office  of 

Abstract  of  votes  cast  at  election  under  Schedule,  to  be  filed  in 
office  of. 

First  election  for 

chosen  at  first  election.  Return  and  announcement  of  elec- 
tion of. 

first  elected,  when  to  enter  upon  discharge  of  his  duties 

Security  of  the  people  one  of  the  objects   of  the  institution  of  govern- 
ment  

of  life,  liberty,  property,  reputation,  and  the  pursuit  of  happi- 
ness. Governments   instituted  for 

for  life,  liberty,  and  property 

against  unreasonable  searches  and  seizures'.  Right  to 

Seizures,  unreasonable,  Right  to  security  against 

Seizure  for  debt— see  Exemptions. 
Senate  a  constituent  part  of  General  Assembly 

how  constituted 

Term  of  office  of  members  of. 

Election  of  members  of. 

Classification  of  members  of,  at  first  session,  into  those  hold- 
ing their  places  for  two  and  four  years,  respectively 

Qualifications  of  members   of...... 

Disqualifications  for  membership  of. 

Vacancies  in 

No  member  of,  during  term  for  which  elected,  to  be  appointed 
or  elected  to  any  civil  office  under  the  State 

to  appoint  its  own  officers 

to  be  sole  judge  of  qualifications,  returns,  and  elections,  of  its 
own  members 

Quorum  of. 

Powers  of  members  less  in  number  than  quorum  of 

Power  of,  to  determine  rules  of  its  proceedings 

Power  of,  to  punish  for  contempt  or  disorderly  behavior  in  its 
presence 

Power  of,  to  enforce  obedience  to  its  process 

Expulsion  of  members  of 

Member  of,  expelled  for  corruption,  ineligible  to  either 
house 

Punishment  by,  for  contempt,  or  disorderly  behavior,  no  bar 
to  indictment  for  same  ofi'ence 

to  keep  journal  of  its  proceedings 

to  publish  journal,  except  such  parts  as  require  secrecy 

to  cause  yeas  and  nays  to  be  entered  on  journal,  at  desire  of 
five  members 

Publicity  or  secrecy  of  sessions  of. 

Joint  or  concurrent  vote  of  both  houses,  on  appointment  of  of- 
ficers, to  be  entered  on  journal  of. 

Vote  of,  on  appointment  of  ofiicers,  to  be  viva  voce,  and  entered 
on  journal 


Art. 

Sec. 

Page. 

15 

3 

45 

6 

1 

16 

5 

7 

11 

6 

22 

21 

6 

22 

21 

6 

21 

21 

6 

10 

18 

So 

17 

64 

So 

3 

61 

Sc 

17 

64 

Sc 

17 

65 

2 

1 

2 

2 

2 

2 

2 

8 

3 

2 

15 

5 

2 

15 

5 

5 

1 

10 

5 

3 

10 

5 

3 

10 

5 

3 

10 

5 

3 

10 

5 

4 

10 

5,-19  7,8,9,12,-1 

11,55 

5 

6 

10 

5 

10 

11 

5 

11 

11 

5 

11 

11 

5 

11 

11 

5 

11 

11 

5 

12 

11 

5 

12 

11 

5 

12 

11 

5 

12 

11 

5 

12 

12 

5 

12 

12 

5 

12 

12 

5 

12 

12 

5 

12 

12 

5 

13 

12 

5 

14 

12 

3,5 

12.14 

9,12 

Art. 

Sec. 

Page, 

5 

15 

12 

5 

15 

12 

5 

16 

12 

5 

18 

13 

5 

18 

13 

5,19,Sc 

16,11,28 

12,57,67 

5,19 

16.11 

12,57 

5 

21 

13 

5 

22 

13 

5 

22 

13 

5 

28 

15 

5 

31 

16 

5 

36 

16 

6 

15 

19 

6 

15 

19 

6 

15 

19 

cxcvi  INDEX  TO  CONSTITUTION. 


Members'  privilege   of  freedom  from  arrest 

Members'  privilege  of  freedom  of  speech  and  debate. 

Term  of  all  members  of,  to  begin  on  day  of  their  election 

Elections  of  presiding  officer  of 

Presiding  officer  of,  to  be  styled  President  of  the  Senate 

Per  diem  pay.  and  mileage,  of  members  of. 

No  member  of,  to  receive  increase  of  pay  during  term  for 
which  elected,  under  any  law  passed  during  such  term 

Alteration  or  amendment  of  bills,  on  passage  through,  not  to  be 
such  as  to  change  their  original  purpose 

Requirements  in  order  to  valid  final  passage  of  bills  in 

Reading  of  bills  in 

not  to  adjourn,  for  more  than  three  days,  without  consent  of 
House  of  Representatives 

not  to  adjourn  without  consent  of  House  of  Representatives, 
to  any  other  place  than  that  in  which  the  two  houses  shall  be 
sitting 

No  new  bill  to  be  introduced  into,  during  last  three  days  of  ses- 
sion  

Proceedings  to  expel  member  of,  for  criminal  offence,  not  to 
bar  indictment  and  punishment  for  same  oflFence 

Governor  to  return  to,  with  his  objections,  bills  originating  in, 
and  by  him  disapproved 

to  enter  at  large,  upon  its  journal.  Governor's  objections  to 
bills  originating  in,  and  by  him  disapproved 

Proceedings  in,  upon  bills  returned,  disapproved,  by   Governor 

Governor  to  return  to,  with  his  objections,  joint  and  concurrent 
orders  or  resolutions,  originating  in,  and  by  him  disapprov- 
ed   6  16  20 

Proceedings  in,  in  case  of  disapproval  and  return  of  joint  and 
concurrent  orders  or  resolutions,  to  be  as  prescribed  in  case  of 
bills 6  16  20 

Governor  to  return  to,  as  prescribed  in  case  of  other  bills  vetoed, 
items,  disapproved,  of  appropriation  bills  originating  in 6  17  20 

Proceedings  in,  in  case  of  disapproval  and  return  ®f  items 
of  appropriation  bills,  to  be  as  prescribed  in  case  of  other 
bills 6  17  20 

Advice  and  consent  of,  requisite  to  Governor's  grant  of  pardon, 
in  cases  of  treason,  and,  with  exception  stated,  to  his  grant 
of  respite  of  sentence  in  such  cases 6  18  20 

Vote  of  two-thirds  of  all  members  elected  to.  requisite  to  con- 
tinuance of  session  after  disposal  of  business  set  forth  in  Gov- 
ernor's proclamation  calling  extraordinary  session 6  19  21 

Record  of  official  acts  and  proceedings  of  Governor,  with  all  pa- 
pers, minutes,  and  vouchers,  relating  thereto,  to  be  laid  be- 
fore, by  Secretary  of  State,    when  so  required 

Basis  of  representation   in 

Advice  and  consent  of.  in  matter  of  reprieve  or  pardon  in  cases 
of  treason 

Case  of  disagreement  between,  and  House  of  Representatives, 
with  respect  to  time  of  adjournment 

Arrangement  of  Senatorial  Districts,  until  the  enumeration  of 
the  inhabitants  shall  have  been  taken  by  U.    S.    government, 

A.  D,   1880 8  2  35 

[For  table  showing  apportionment  of  Counties  and  Senatorial  Dis- 
tricts as  prescribed  untU  other icise  provided  by  General  Assembly, 
see  at  close  of  index.] 

Division  of  State  into  Senatorial  Districts,  how  made 8  2  35 

not  to  consist  of  less  than  thirty,  nor  more  than  thirty-five 
members 8  2  37 

Senatorial  Districts,  at  all  times,  to  consist  of  contiguous  terri- 
tory   8  3  37 

No  county  to  be  divided,  in  formation  of  Senatorial  Districts 8  3  37 

Division  of  State  into  Senatorial  Districts,  when,  hereafter,  to  be 
made 8  4  37 

Advice  and  consent  of,  in  matter  of  appointment  of  State 
Geologist 10  2  40 

Procedure  in   cases  of  impeachment 15  1,2  45 

Penalty  upon  members  or  officers  of,  making  profit  out  of  pub- 
lic moneys,  etc 16  3  4«J 


6 

21 

21 

8 

2 

35 

6 

18 

20 

6 

20 

21 

INDEX  TO  CONSTITUTION. 


Art. 


Sec. 


Pagk. 


(Senate,  Grant!  of  free  passes,  by  any  railroad  or  transportation  compa- 
ny, to  members  of,  to  be  prevented  by  law 17  7  50 

Returns  for  members  of 19  10  56 

No  increase  of  salaries  of  members  to  be  provided  for,  to  take 
effect  before  next  General  Assembly 19  11  57 

Stationery,  printing,  paper,  fuel,  and  repairing  and  furnish- 
ing of  halls  and  rooms  for 19  15  57 

Prohibition  of  interest,  on  the  part  of  members,  in  contracts 
for  stationery,  printing,  paper,  fuel,  for  use  of  any  depart- 
ment of  government,  or  for  repairing  or  furnishing  halls  and 
rooms  used  for  meetings  of  the  General  Assembly 19  15  57 

Members  of,  before  entering  on  duties,  to  take  and  subscribe  to 
oath  or  affirmation  prescribed 19  20  58 

Oath  of  office  of  members 19  20  58 

Procedure  in  matter  of  amendments  to  Constitution 19  22  59 

First  election  of  members,    after  adoption   of  Constitution Sc  3,16,       61,64,65 

17,18,19 

Returns  and  certificates  of  first  election  for  members   of,   after 

adoption  of  Constitution Sc   3,16.17,19       61,64.65 

See,    also.  General  Assembly,  under  each  principal  head, 
sub-head  of  Senate. 
Senate,  President  o/— see  President  of  Senate. 

Senator  of  United  States  not  to  exercise  of&ee  o{  QovernoT 6  11  18 

Senatorial  Districts -see  Districts,  Senatorial. 
Senators,  how  chosen 5  3  10 

Term  of  office  of 5  3  10 

Classification  of.  at  first  session,  into  those  holding  seats  for 
two  and  four  years,  respectively 5  3  10 

Qualifications  of. 5  4  10 

Classes  disqualified  to  serve  as— see  General  Assembly,  sub- 
head Qualifications  of  members,  special  paging  (2.) 

Election  of,  to  fill  vacancies 5  6  10 

during  term  for  which  elected,  not  to  be  appointed  or  elected 
to  any  civil  office  under  the  State 5  10  11 

qualifications,  returns,  and  elections,  of,  Senate  to  be  sole 
judge  of 5  11  11 

punishable,  by  the  Senate,  for  contempt  or  disorderly  behavior 
in  its  presence 5  12  11 

Power  of  Senate  to  protect,  against  violence,  offers  of  bribes,  or 
private  solicitations 5  12  11 

Expulsion  of 5  12.36  11.16 

expelled  for  corruption,  ineligible  to  either  house 5  12  12 

punished,  by  Senate,  for  contempt  or  disorderly  behavior,  may 
nevertheless  be  indicted  therefor 5  12  12 

Privilege  of ,  of  freedom  from  arrest 5  15  12 

Privilege  of,  of  freedom  of  speech  and  debate 5  15  12 

Term  of,  to  begin  on  day  of  their  election 5  16  12 

not  to  receive  increase  of  pay  during  term  for  which  elected, 
under  any  law  passed  during  such  term 5,19  16,11  12.57 

Per  diem  pay,  and  mileage,  of 5.19.So       16.11,28       12.57,67 

Apportionment  of 8  2.3  35,37 

Apportionment  of,  to  be  made  only  at  first  regular  session  after 
each  census 8  4  37 

Penalty  upon,  for  making  profit  out  of  public  moneys,  etc 16  3  46 

Grant  of  free  passes  to,  by  any  railroad  or  transportation  com- 
pany, to  be  prevented  by  law 17  7  50 

Returns  for,  to  whom  made 19  10  56 

not  to  be  interested  in  contracts  for  stationery,  paper,  fuel, 
printing,  binding,  or  distribution  of  documents,  for  State 
government,  or  repairing  or  furnishing  halls  or  rooms  for 
use  of  General  Assembly ~~..  19  15  57 

Oath  of  office  of. 19  20  58 

First  election  for.  after  adoption  of  Constitution Sc  3,16,       61,64,65 

17,19 

Salary  and  mileage  of,  daring  two  years  from  adoption  of  Con- 
stitution   Sc  28  67 

chosen  at  first  election.  Returns  and  certificates  of  election  of...  Sc  16,17,19  61,64,65 
Session,  First,  of  General  Assembly,  under  this   Constitution,    may  ex- 
ceed sixty  days  in  duration 5  17  12 

first,  of  General  Assembly,  Time  of  meeting  of. oc  ^z  «> 


Skc. 

Pagr. 

5                 5 

10 

5                13 

12 

5                17 

12 

5                 28 

15 

6                 19 

20 

6    28—19.20 

15, 

-20.21 

6                18 

20 

cxcviii  INDEX  TO  CONSTITUTION. 


Sessions,  Regular,  of  General  Assembly,  when  and  where  held 

of  each  house  of  General  Assembly,  and  of  committees  of  the 
whole,  to  be   open,  unless   when   business   is  such  as    ought 

to  be  kept  secret 

regular  biennial,  of  General  Assembly,  Duration  of 

of  General  Assembly,  Adjournments  of. 

Extraordinary,  of  General  Assembly 

of  General  Assembly,  at  place  other  than  seat  of  government... 

Sentence,  commutations  of.  Power  of  Governor  to  grant 

Governor  to  communicate  all  pardons,  etc.,  to  General  Assem- 
bly  

iu  cases  of  treason.  Power  of  Governor  to  grant  respite   of,   in 

recess  of  Senate 

Separate  Chancery    Court  of  Pulaski  Chunty—see  Court,    I'ulaski    Chan- 
cery. 
Separate  Criminal  Courts — see  Courts,  Separate  Criminal. 

Service,  military.  Who  subject  to 

Servitude,  Involuntary,  except  as  punishment  for  crime,  prohibited 

Setting  aside  of  law  or  laws  of  the  State,  Power  of,  not  to  be  exercised  ex- 
cept by  General  Assembly 2  12  4 

Sheriffs  ineligible  to   seat  in  either  house  of  General  Assembly 5  7  H 

Election  of. 7  46  31 

Duties  of. 7  46  31 

to  be  ex-officio  collector  of  taxes,  unless  otherwise  provided  by  31 

law 

See,  also,  officers,  and  County  officers. 

Signature  of  Governor,  to  bills 6  15  19 

of  Governor,  to  joint  and  concurrent  order  or  resolutions 6  10  20 

of  Governor,  to  parts,  by  him  approved,  of  bills  making  ap- 
propriations  

Sixteenth  Section  Landi,  Proceedings  relative  to,  or  to  money  due    there- 
for, transferred  to  counties  where  lands  located 

Slavery  prohibited : 2  27  6 

Soldiers,  Quarterina  of 2  27  7 

Soldiers  o{\J.S.  not  to  acquire  residence   by   being   stationed   in    the 

State 

iSbJtettattoJw,  private.  Power  of  each  house  of  General  Assembly   to   pro- 
tect its  members  against 5  12  11 

Sipeaker  of  the  House  of  Representatives 5  18  18 

Elections    of 5  18  13 

Returns  of  election  of  oflScers   of  Executive  Department  to  be 

forwarded  to 6 

Duty  of,  in  matter  of  opening   and  publishing   votes   cast  for 

ofiBcers  of  Executive  Department 6 

in  case  of  concurrent  vacancy  in  offices  of  Governor  and  Presi- 
dent of  Senate,  or  of  absence  of  both  officers  from  State,  to 
act  as  Governor  in  like  manner  as  provided  for  President  of 

Senate G 

to  certify  (with  President  of  the  Senate),  to  Governor,  fact  of 
disagreement  between  the  two  houses  of  the  General  Assem- 
bly, with  respect  to  time  of  adjournemnt 6 

Abstract  of  votes,  at  election  under  Schedule,  for  State  officers, 

to  be  certified  and  delivered  to Sc 

to  cast  up  and  announce  result  of  election,  under  Schedule,  for 

State  officers Sc 

Special  elections— see  under  Elections. 

Special  sessions  of  General  Assembly 6 

Specific  appropriation,  by  law,  requisite  to  drawing  of  mouey  from  treas- 
ury  

SIpeech,  Liberty  of. - 

freedom  of.  Privilege  of,  in  General  Assembly 

Standing  army  not  to  be  kept  in  time    of  peace 

State  of  Arkansas,  Boundaries   of 

Powers  of  government  of,    how  divided 

never  to  be  made  defendant  in  any  of  her  courts.*. 

Great  seal  of  the 

Division  of,  into  Senatorial  districts 

not,  except  as  in  Constitution  otherwise  provided,  to  become 
stuckholder  in,  or  subscribe  to,  or  be  interested  in,  stock  of 
any  corporation  or  association 


11 

1 

2 

27 

2 

12 

5 

7 

7 

46 

7 

46 

7 

46 

6 

15 

6 

10 

6 

17 

7 

44 

2 

27 

2 

27 

3 

7 

5 

12 

5 

18 

5 

18 

5 

29 

15 

2 

6 

3 

5 

15 

12 

2 

27 

6 

1 

1 

1 

4 

9 

5 

50 

13 

6,19 

9,25 

18.60 

8 

2 

35 

INDEX  TO  CONSTITUTION. 


Art. 


Sec.       Page. 


SPECIAL   LEGISLATION:* 

1.  General  provisions: 

No  special  law  to  he  enacted  in  any  case  where  a  general  law 
can  be  made   applicable 

The  operation  of  no  general  law  to  be  suspended,  by  the  legis- 
lature, for  the  benefit  of  any  particular  individual,  corpora- 
tion, or  association 

Nor  whore  the  courts  have  jurisdiction  to  grant  the  powers,  or 
the  privileges,  or  the  relief,  asked  for 

General  Assembly  not  to  grant  to  any  citizen,  or  class  of  citi- 
zens, privileges  or  immunities  which,  upon  the  same  terms, 
shall  not  equally  belong  to  all  citizens 

Perpetuities  and  monopolies  contrary  to  the  genius  of  a  repub- 
lic, and  not  to  be  allowed 

2.  Provisions  prohibiting  class  legislation  : 

The  equality  of  all  persons  before  the- law,  recognized,  and  ever 
to  remain  inviolate 

No  citizen  ever  to  be  deprived  of  any  right,  privilege,  or  im- 
munity, nor  exempted  from  any  burden  or  duty,  on  ac- 
count of  race,  color,  or  previous  condition 

General  Assembly  not  to  grant  to  any  citizen,  or  class  of  citi- 
zens, privileges  or  immunities  which,  upon  the  same  terms, 

shall  not  equally  belong  to  all  citizens 

.,  No  hereditary  emoluments,  privileges,  or  honors,  ever  to  be 
granted  or  conferred  in  this  State 

No  distinction  ever  to  be  made  by  law,  between  resident  aliens 
and  citizens,  in  regard  to  the  possession,  enjoyment,  or 
descent,  of  property 

No  preference  ever  to  be  given,  by  law,  to  any  religious  estab- 
lishment denomination,  or  mode  of  worship 

No  religious  test  ever  to  be  required  of  any  person  as  a  qualifi- 
cation to  vote  or  hold  oflSce  t 

No  person  to  be  rendered  incompetent  t>  be  a  witness,  on  ac- 
count of  his  religious  belief! 

[fBut  nothing  in  the  above  two  clauses  is  to  be  construed  to 
dispense  with  oaths  or  affirmations 

And  no  person  who  denies  the  being  of  a  God  shall  hold  office 
in  the  civil  departments  ef  this  State,  nor  be  competent  to 
testify  as  a  witness  in  any  court] 

There  shall  be  no  slavery  in  this  State,  nor  involuntary  servi- 
tude exceptas  a  punishment  for  crime 

3.  Specific  prohibitions  of  special  legislatiom  : 

General  Assembly  not  to  paf  s  any  local  or  special  law: 

1.  Changing  the  venue  in  criminal  cases 


25 

14 

25 

14 

18 

5 

19 

5 

*[Note.1  The  manifold  restrictions  placed  upon  special  legislation,  by  the  Constitution  of  186S,  gave 
rise  to  an  erroneous  popular  opinion,  still  somewhat  prevalent  since  the  adoption  of  the  present  instru- 
ment, that  aJJ  special  legislation  is  prohibited.    It  may  not  be  improper  to  suggest  a  correction  of  this 


As  elsewhere  remarked,  it  follows,  from  the  grant,  to  the  General  Assembly,  of  the  general  legislative 
power  (Art.  V,  Sec,l.  p.  18),  that  such  power  is  o6»oiM<e  and  Mitawai^ed,  except  as  limited,  either  expressly 
or  impliedly,  by  the  restrictiens  of  the  Constitution  of  the  State,  or  of  that  of  the  United  States.  The 
Legislature,  therefore,  is  clothed  with  authority  to  pass  any  special  or  local  law,  in  its  pleasure,  that  may 
be  consistent  with  the  observance  of  those  prohibitions. 

The  general  provisions  of  the  Constitution  of  Arkansas,  in  this  regard,  are  given  in  the  1st  set  of 
entries,  under  head  of  Special  Legislation,  above.  Further  requisites,  in  matter  of  procecfwre,  are  demanded 
by  the  Constitution ,  in  order  to  the  validity  of  passage  of  bills  of  this  character.  (See  under  the  4th  set  of 
entries.)  The  question  of  compliance,  in  the  enactment  of  special  laws,  with  the  terms  of  the  general 
provisions  referred  to,  is  in  the  first  instance  one  for  the  discretion  of  the  Legislature,  and,  in  the  end, 
for  the  decision  of  the  courts.  The  Constitution,  therefore,  has  set  further  prohibitions,  in  some  in- 
stances specific,  in  others  to  be  inferred  only  irom  the  fact  of  a  grant  of  legislative  power  being  accom- 
panied by  the  qualification,  that  it  may  be  exercised  "by  general  law."  The  latter  clafs,— that  of  pro- 
hibitions only  implied.— has  been  indicated,  in  the  Index,  above,  by  the  use  of  the  qualifying  words, 
"(by  intendment)."  or  "  (by  implication.)"  In  this  regard,  as  in  others, the  matter  scarcely  admits  of 
.entirely  accurate  classification. 

Many  species  of  special  legislation  are  inhibited  by  provisions,  express  or  inu)lied,  applica- 
ble alike  to  general  and  to  special  laws.  These,  of  course,  are  not  here  collated.  They  are  to  be  found, 
in  the  Index,  under  "Gknkkal  Asskmbly,"  sub-head  of  Powers  Denied,  and  in  every  positive  tnact- 
ment  of  the  Constitution. 

21 


ec  INDEX  TO  CONSTITUTION. 


Spkcial  Legislation  (continued.) 

2.  Changing  the  names  of  persons 

3.  Adopting  or  legitimating  children 

4.  Granting  divorces 

5.  Vacating  roads,  streets,  or  alleys 

No  bill  of  attainder,  ex  post  facto  law,  or  law  impairing  the  ob- 
ligation of  contracts*,  to  be  passed 

No  person  to  be  taken,  or  imprisoned,  or  disseized  of  his  estate, 
freehold,  liberties,  or  privileges,  or  outlawed,  or  in  any  man- 
ner destroyed,  or  deprived  of  his  life,  liberty,  or  property,  ex- 
cept by  the  judgment  of  his  peers,  or  the  law  of  the  land 

No  local  or  special  bill  to  be  passed,  changing  the  venue  in 

criminal  cases 

The  State  ever  to  mainiain  a  general,  suitable,  and  efficient 
system  of  free  schools,  whereby  all  persons  in  the  State,  be- 
tween the  ages  of  six  and  twenty-one  years,  may  receive  gra- 
tuitous instruction 

(By  intendment)  provision  for  the  support  of  common  schools, 

by  taxes,  to  be  made  by  general  laws  only 

(By  intendment)  the  authorization  of  school  districts  to  levy 

a  special  school  district  tax,  to  be  by  general  law  only 

No  lottery  to  be  authorized  by  the  State,  nor  the  sale  of  lottery 

tickets  allowed 

For  the  restrictions  imposed  upon  the   formation   of  new 

counties,  change  of  county  lines,    and   of  county-seats, 

with   the  exceptions  thereto   in  the  case  of   Lafayette, 

Pope,  Johnson,  and  Sebastian  counties  (unnecessary  here 

to  reiterate)  refer  to  Art.  XIII,  pp.  45,  44. 

All  property  subject  to  taxation  to  be  taxed  according  to  its 

value,   that  value  to  be  ascertained  in  such  manner  as   the 

General  Assembly  shall  direct,  making  the  same  equal  and 

uniform  throughout   the   State,  No  one  species  of  property 

from  which  a  tax  may  be  collected  to  be  taxed  higher  than 

another  species  of  property  of  equal  value 

Assessments  on  real  property  forlooal  improvements,  in  towns, 
and  cities,  to  be  based  upon  consent  of  a  majority,  in  value, 
of  the  property-holders  owning  property  adjoining  the  locali- 
ty to  be  aflfected,  may  be  authorized  by  the  General  Assembly, 

8uch  assessments,  hoicever,  to  be  ad  valorem,  anduniform 

[For  list  of  occupations  and  privileges  subject  to  special  tax- 
ation, see  Art.  XVI,  Sec.  5,  p.  47. 
For  list  of  descriptions  of  property  exempt  from  taxation, 
.  see  Art.  XVI,  Sec.  5,  p.  46,  and  Art.  IX,  pp.  37  et  seq.] 
(By  intendment)  the  exemption  from  taxation,  for  the  term  of 
seven  years  from  ratification  of  the  Constitution,  of  the  capi- 
tal invested  in  any  or  all  kinds  of  mining  and  manufacturing 

businesB  in  the  State,  to  be  by  general  law  only 

All  laws  exempting  property  from  taxation,  other  than  as  pro- 
vided in  the  Constitution,  to  be  void 

No  State  tax  to  be  allowed,  or  appropriation  of  money  made,  ex- 
cept'to  raise  means  for  the  payment  of  the  just  debts  of  the 
State,  for  defraying  the  necessary  expenses  of  government, 
to  sustain  common  schools,  to  repel  invasion,  and  suppress 
insurrection,  except  by  a  majority  of  two-thirds  of  both  houses 

of  the  General  Assembly 

No  special  act  to  be  passed,  conferring  corporate  powers,  except 
for  charitable,  educational,  penal,  or  reformatory  purposes, 
where  the  corporations  created  are  to  be  and  remain  under  the 

patronage  and  control  of  the  State 

(By  intendment)  no  corporations  (with  the  exceptions  stated 
in  the  above  entry)  Art.  XII,  Sec.  2,  p.  41),  to  be  formed  except 
under  general  laws,  which  laws  may,  from  time  to  time,  be 

altered  or  repealed 

[The  operation  of  the  above-cited  clauses  obviates  the 
necessity  of  any  enumeration,  under  this  head,— such  as 
would  be  required  in  case  the  conferment  of  special  priv- 
ileges of  this  character  were  tolerated,— of  additional 
restrictions  impoied  upon  the  grant  of  corporate  franchise. 
A  few  provisions,  however,  of  more  express  restriction 
of  legislative  action,  in  this  regard,  are  appended.] 


Sbc.        Paqb, 


5 

24 

14 

5 

24 

14 

5 

24 

14 

5 

24 

14 

INDEX  TO  CONSTITUTION.  cci 

Aet.  Sec.        Page. 

Special  Legislation  (continued.) 

Except  as  in  the  Constitution  provided,  the  State  never  to  become 
a  stockholder  in,  or  subscriber  to,  or  be  interested  in,  the  stock 
of  any  corporation  or  association 12  7  42 

The  stock  or  bonded  indebtedness  of  no  private  corporation]  to 
be  increased  except  in  pursuance  of  general  laws,  nor 
until  the  consent  of  the  persons  holding  the  larger  amount,  in 
value,  of  stock,  shall  be  obtained,  at  a  meeting  held  after 
notice  given  for  a  period  of  not  less  than  sixty  days,  in  pur- 
suance of  law 12  8  42 

Any  association  or  corporation,  organized  for  the  purpose,  is 
[subject,  of  course,  to  vested  rights  acquired  before  the  adop- 
tion of  the  present  Constitution]  to  have  the  right  to  con- 
struct and  operate  a  railroad  between  any  points  within  this 
State,  and  to  connect  at  the  State  line  with  railroads  of 
other  States 17  1  48 

No  law  to  be  passed  exempting  from  execution  and  sale  the 
rolling  stock  or  other  movable  property  belonging  to  any 
railroad  company  or  corporation  in  this  State 17  11  50 

No  obligation  or  liability  of  any  railroad,  or  other  corporation, 
held  or  owned  by  this  State,  ever  to  be  exchanged,  trans- 
ferred, remitted,  postponed,  or  in  any  way  diminished,  by  the 
General  Assembly  ;  and  no  such  liability  or  obligation  to  be 
released  except  by  payment  thereof  into  the  State  treasury 5  33  15 

Except  as  in  this  Constitution  otherwise  provided,  the  State 
never  to  assume  or  pay  the  debt  or  liability  of  any  county, 
town,  city,  or  other  corporation  whatever,  or  any  part  thereof, 
unless  such  debt  or  liability  shall  have  been  created  to  repel 
invasion,  suppress  iasurrection,  or  to  provide  for  the  public 
welfare  and  defence 12  12  43 

The  power  to  tax  corporations  and  corporate  property  not  to  be 
surrendered  or  suspended,  by  any  contractor  grant  to  which 
the  State  may  be  a  party 16  7  47 

The  forfeiture  of  no  charter  of  any  corporation  existing  at  date 
of  adoption  of  Constitution  to  be  remitted,  or  any  such  char- 
ter altered  or  amended,  or  any  general  or  special  law  for  the 
benefitof  such  corporation  to  be  passed,  except  on  condition 
that  such  corporation  shall  thereafter  hold  its  charter,  sub- 
ject to   the  provisions  of  this  Constitution 17  8  50 

(By  intendment),  provision  for  organization  of  cities,  and  in- 
corporated towns,  and  to  restrict  their  power  of  taxation, 
assessment,  borrowing  money,  and  contracting  debts,  to  be 

made  by  general   laws  only 12  3  41 

Peculiar  conditions  of  passage  of  special  appropriations : 

No  extra  compensation  to  be  made  to  any  officer,  agent,  em- 
ploye, or  contractor,  after  the  service  shall  have  been  ren- 
dered, or  the  contract  made,  unless  such  compensation  be  al- 
lowed by  bill  passed  by  two-thirds  of  the  members  elected  to 
each  branch  of  the  General  Assembly 5-27  14 

No  money  to  be  appropriated  or  paid  on  any  claim.'.the  subject- 
matter  of  which  shall  not  have  been  provided  for  by  pre- 
existing laws,  unless  such  claim  be  allowed  by  bill  passed  by 
two-thirds  of  the  members  elected  to  each  branch  of  the  Gen- 
eral Assembly 5  27  14 

All  appropriations  other  than  those  for  the  ordinary  expense  of 
the  executive,  legislative,  and  judicial  departments  of  State, 
to  be  made  by  separate  bills,  each  embracing  but  one  subject..  5  30  15 

No  State  tax  to  be  allowed,  or  appropriation  of  money  made, 
except  to  raise  means  for  the  payment  of  the  just  debts  of  the 
State,  for  defraying  the  necessary  expenses  of  government, 
to  sustain  common  schools,  to  repel  invasion,  and  suppress 
insurrection,  except  by  a  majority   of  two-thirds    of  both 

houses  of  the  General  Assembly 5  31  15 

[  In  addition  to  these  conditions  imposed  upon  the  passage 
of  special  appropriations,  the  general  restrictions  of  the 
Constitution,  in  regard  to  appropriations,  are,  of  course, 
applicable.] 


INDEX  TO  CONSTITUTION. 


Page. 


Special  Legislation  (continued.) 

4.  Gekebal  requirements  of  feocedubk  in  order  to  thk  passage  or 

SPECIAL  or  local  LAWS  : 

No  local  or  special  bill  to  be  passed,  unless  notice  of  the  inten- 
tion to  apply  therefor  shall  have  been  published,  in  the  local- 
ity where  the  matter  or  the  thing  to  be  affected  may  be  situ- 
ated  .:.. 5  26 

Such  notice  to  be,  at  least,  thirty  days  prior  to  the  introduction, 
into  the  General  Assembly,  of  such  bill,  and  in  the  manner  to 
be  provided  bylaw 5  26 

The  evidence  of  such  notice  having  been  published,  to  be  ex- 
hibited in  the  General  Assembly  hefore  such  act  shall  be 
passed 5  26 

5.  Express  concession  of  right  of  eminent  domain  : 

The  State's  ancient  right  of  eminent  domain  and  of  taxation  is 

in  the  Constitution  fully  and  expressly  conceded 2  23 

The  exercise  of  the  right  of  eminent  domain  shall  never  be 
abridged,  or  so  construed  as  to  prevent  the  General  Assembly 
from  taking  the  property  and  franchises  of  incorporated  com- 
panies, and  subjecting  them  to  public  use— the  same  as  the 

property  of  individuals 

Special  sessions  of  General  Assembly 

Sptcific  appropriation,  by  law,  requisite  to  drawing  of  money  from  treas- 
ury  

Speech,  Liberty  of. 

freedom  of.  Privilege  of,  in  General  Assembly 

Standoff  army  not  to  be  kept  in  time    of  peace 

State  of  Arkansas,  Boundaries   of 

Powers  of  government  of,    how  divided 

never  to  be  made  defendant  in  any  of  her  courts 

Great  seal  of  the... 

Division  of,  into  Senatorial  districts 

not,  except  as  in  Constitution  otherwise  provided,  to  become 
stockholder  in,  or  subscribe  to,  or  be  interested  in.  stock   of 

any  corporation  or  association 

AssumpTfcn  or  payment  of  liabilities  of  corporations  by 

Indebtedness  of  corporations  to,  not  to  be  released  or  dis- 
charged save  by  payment  into  the  public   treasury 

never  to  loan  its  credit  for  any  purpose  whatever 

never  to  issue  interest-bearing  treasury  warrants  or  scrip 

not  to  be  party  to  contract  or  grant  by  which  power  to  tax  cor- 
porations shall  be  surrendered 

State  Board  of  Supervisors  of  Election  Under  Schedule— Be9   Supervtsors 
0^ Election  under  Schedule,  State  Board  of. 

State  Geologist 

State  Lands.  Commissioner  of— See  Commissioner  of  State  Lands. 
State  Q^ce, General  Assembly  to  create  no  permanent,  not  expressly  pro- 
vided for  by  Constitution 

State  officers.  Salaries  of,  not  to  be  increased  or  diminished  during  theft 

respective   terms  of  oflBce 

Maximum  salaries  of. , 

(Prosecuting  Attorneys  excepted)  not  to  receive  to  their  own 
usp  any  fees,  costs,  perquisites  of  office,  or  other  compen- 
sation, beside  their  respective  salaries 

Oath  of  office  of. 

Qoaliflcations  of  sureties  upon  official    bonds  of. 

not  to  receive,  directly  or  indirectly,  for  salaries,  fees,  and  per- 
quisites, more  than   five   thousand   dollars,   net  prqfit,  per 

annum,  in  par  funds 

All,  to  pay  into  State  treasury  all  sums  by  them  received, in  ex- 
cess offive  thousand  dollars  net  profit.per  annum. in  par  funds.. 

chosen  at  first  election,  Return  and  announcement  of 

Salaries  of,  during  two  years  from  adoption  of  Constitution 

1  he  above  entries  are  chiefly  confined  to  cases  where  the 
word  "State"  is  used,  in  the  Constitution.  See  Officers. 
Executive  officers.  Representatives,  Senators,  Judges,  and,  under 
sub-head  of 'VadflTM,"    each  court. 

/5ia(«  scrip,  I^terest-beariuK,  State  never   to   issue 

State,  Secretary  o/— see  Secretary  of  State. 


17 

9 

50 

6 

19 

20 

5 

29 

15 

2 

6 

3 

5 

15 

12 

2 

27 

6 

1 

1 

1 

4 

9 

8 

50 

13 

«,19 

9,25 

18,60 

8 

2 

35 

12 

7 

42 

12 

12 

43 

12 

12 

43 

16 

1 

46 

16 

1 

46 

19 

11 

57 

19 

11 

56 

19 

11 

56 

19 

20 

58 

19 

21 

59 

19 

23 

59 

Sc 

17 

64 

Sc 

28 

INDEX  TO  CONSTITUTION. 


1.KT.  Sec.        Page. 

iState  tax,  unless  authorized  by  vote   of  majority  of  two-thirds  of  both 
houses  of  General  Assembly,  to  be  allowed   only   for    certain 

specified  purpsses 5  31  15 

not  to  exceed,  in  the  aggregate,  one  per  cent,  of  asseised  yalua- 

lion  of  property  of  State  for  the  year 16  8  47 

Statement  of  receipt  and   expenditures   of  public  money.    Publication 

of. 19  12  57 

Stationery  for  use  of  State  government, to  be  furnished  by  lowest  responsi- 
ble bidder,  below  maximum  price,  under   regulations   to   be 

prescribed  by  law 19  19  57 

for  use  of  State  government.  Contract   for   furnishing,   to   be 

subject  to  approval  of  Govejnor,  Auditor,  and   Treasurer 19^  15  57 

for  use  of  State  government.  No   member  or  officer  ,of  govern- 
ment to  be  interested  in  contract  for  furnishing 19  15  57 

Statute*  of  Limitation— Bee  Limitation. 

Steamboat  companies  prohibited  from  making  diserimination  in 
charges  or  facilities  for  transportation,  by  abatement,  draw- 
back, or  otherwise 17  6  49 

General  Assembly  to  prevent  by  law,  grant    of  free  passes  by, 

toany  officer  of  the  State 17  7  50 

See,  also,  Corporationt. 
/StocA;  of  railroad  or  other  corporations,  held  or  owned  by  State,  not  to  be 

released  except  by  payment  thereof  into  State  treasury 5  33  15 

of  railroad,  canal,  and  turnpike  companies.    Amounts,    owner- 
ship, and  transfers  of,  to  be  recorded  in  books  of  company 17  2  48 

Transfers  of,  of  railroad,  canal,  and  turnpike  companies,  to  be 

mjide  at  their  principal  office  in  State 17  2  48 

of  parallel  or  competing  lines  of  railroad  er   canal   companies. 

Consolidation  of,  prohibited 17  4  49 

of  corporations,  etc., State  not,  (except  as  in  Constitution  other- 
wise provided)    to  sub  scribe  to 12  7  42 

of  private  corporations.  Restrictions    upon  issue   and  increase 

of 12  8  42 

(Stocfc^oWer*  in  private  corporations.  Rights  of,  in  matter  of  increase   of 

stock  or  bonds  of. 12  8  42 

5«r«e<«,  Vacating  of,  not  to  be  affected  by  ipecial  law 5  24  14 

Style  of  laws 5  »  13 

of  Chief  Magistrate  of  the  State 6  2  16 

of  presiding  Judge  of  Supreme  Court,  "Chief  Justice" 7  2  22 

of  writs  and  other  judicial  process tj^. 7  49  31 

of  indictments 7  49  31 

Subscriptions  to  corporations,  etc.,  by  the  State  (with  exceptions  in  Con- 
stitution set  forth),  prohibited 12  7  42 

iSMcce«8io»i  in  office,  of  officers  of  Executive  Department 6  1  16 

to  office  of  Governor,  in  case  of  vacancy 6       12,13,14  18 

in  office,  generally 19  5  56 

(Sw/raffe.  Conditions  of  exercise  of  right  of— general  rule 3  17 

Exceptions  to  general  rule  respecting  exercise  of  right  of. 3  5,6,7  8 

right  of.  No  power,  civil  or  military,  ever  to  interfere  to  pre- 
vent free  exercise 3  2  7 

No  law  to  be  enacted  whereby  exercise  of  right  of,  shall  depend 

upon  any  previous  registration  of  elector's  name 3  2  7 

See,  also.  Art.  Ill,  passim,  and  entries  under  Elections. 

Suits  against  the  State  prohibited 5  20  3 

relating  to  Sixteenth  section  lands,  or  to  money  due  therefor 7  44  30 

by  citizens  of  counties,  cities,  or  towns,  for  general  protection 

of  inhabitants  against  enforcement  of  illegal  exactions 16  13  4^ 

not  to  abate  because  of  change  made  in  this  Constitution Sc  23  66 

See  Actions. 
Superintendent  of  Public  Instruction,  Secretary  of  State  to  discharge  duties 

of,  until  otherwise  provided  by  law 6  21  21 

Supersedeas,  Supreme  Court  may  issue  writs  ef,  in  aid  of  its  appellate 

and  supervisory  jmrisdiction 7  22 

Supervisors,  County  Boards  of— tee  County  Boards  of  Supervisors. 
Supervisors'  Court*— see  Courts,  County. 

Supervisors  o/ ^ie«tion— see  Election  under  Schedule,  under  sub-heads 
of  State  Board  of  Supervisors  of,  and  County  Boards  of  Super- 
visors of. 


INDEX  TO  CONSTITUTION. 


Art.  Sec.         Page. 

Supervisory  jurisdiction  ot  BvLprcme  Court 7                  4                22 

of  Circuit  Conrt 7                14                21 

Supreme  Court— see  Courf,  Supreme: 

Supreme  executive poicer  vested  in  Chief  Magistrate,  styled  Governor,  etc..  6                  2                16 
Sureties  upon  oflBcial  bonds  of  State  and  county  oflScers,  Qualifications 

of. 19                21                59 

Surety  of  the  peace.  Case  of,  constitutes  exception  to  Senators'  and  Repre- 
sentatives' privilegeof  freedom  from  arrest 5 

Surnames  not  to  be  changed  by  special  law 5 

Surveyors,  County,  Election  of. 7 

County,  Term  of  office  of. 7 

Duties  of. 7 

Survival  of  right  of  action  for  injuries  resultipg  in  death 5 

Suspension  of  habeas  corpus 2 

of  law  or  laws  of  the  State,  Power  of,  not  to  be  exercised  ex- 
cept by  General  Assembly 2 

of  general  laws,  by  legislature,  for  benefit  of  particular  indi- 
vidual, corporation,  or  association,  prohibited 5 


T. 


Taxation  and  Taxet 16 

State's  ancient  right  of  taxation  fully  and  expressly  conceded..  2 
General  Assembly  may  delegate  power  of  taxation,  with  neces- 
sary restriction,  to  its  subordinate  political  and  municipal 
corporations,  to  extent  of  providing  for  their  existence,  main- 
tenance, and  well-being,  but  no  further 

General  principles  of  taxation 

for  State  purposes.  Maximum  rate  of. 

For  county  purposes,  Maximum  rate  of. 

of  municipal  corporations,  Maximum  rate  of 

Uniform  rule  of  valuation  of  property,  for  purpose  of. 

Laws  impoaing,  to  state  distinctly  the  object  of  the  tax 

Moneys  arising  from,  to  be  appropriated  for  specific  purpose  for 
which  levied 

State, unless  authorized  by  vote  of  majority  of  two-thirds  of  both 
houses  ol'  General  Assembly,  to  be  allowed  only  for  certain 
specified  purposes 

of  corporations,  Power  of,  not  to  be  surrendered  or  suspended 
by  any  contract  or  grant  to  which  the  State  may  be  a  party 

Species  ol  property  exempt  from 

Exemption  of  capital  invested  in  mining  and  manufacturing 
business  in  this  State,  from,  Provision^respecting 

Homestead  subject  to  seizure  for 

Laws  exempting  property  from,  other  than  as  prescribed  in 
Constitution,  void 

Sheriff  to  be  ex-officio  collector  of. 

County,  not  to  exceed  one-half  of  one  per  cent., except  an  addi- 
tional one-half  of  one  per  cent,  to  pay  indebtedness  existing 
at  date  of  adoption  of  Constitution 

of  counties,  towns,  and  cities,  in  what  funds  payable 

not  to  be  levied  except  in  pursuance  of  law 

county.  County  Courts  to  have  exclusive  original  jurisdiction 
in  all  matters  relating  to 

upon  real  property,  for  local  improvements,  in  town^  and 
cities 

county.  Justices  of  the  Peace  to  sit  with  County  Judge  in  levy- 
ing  

for  support  of  common  schools.  General  Assembly  may  provide 
for,  by  general  laws 

State,  for  support  of  common  schools,  never  to  exceed  two  mills 
per  dollar,  annually 

Poll-tax  of  one  dollar  on  every  male  inhabitant  over  twenty- 
one  years,  to  be  assessed  for  support  of  common  schools 

General  Assembly  may  by  general  laws  authorize  school  dis- 
tricts to  levy,  by  vote,  tax  not  to  exceed  five  mills,  for  school 
purposes 

School  district  special  tax  to  be  appropriated  only  for  its 
proper  purpose,  and  in  district  where  levied 


15 

12 

24 

14 

46 

31 

46 

31 

46 

31 

32 

15 

11 

4 

2 

23 

6 

16 

5.  11 

46.  47 

16 

8 

47 

16 

9 

47 

12 

4 

41 

16 

5 

46 

16 

11 

47 

16 

7 

47 

16 

5 

47 

10 

3 

40 

9 

3 

38 

16 

6 

47 

7 

46 

31 

16 

9 

47 

16 

10 

47 

16 

11 

47 

INDEX  TO  CONSTITUTION.  ccv 

Art.  Sho.         Paqk. 
Tax-payers  of  counties,  cities,  or  towns.  Right  of,  to  appeal  from  allow- 
ances made  for  or  against  the  same 

Tenure  of  lands  (exclusively  allodial) 

Te/iMres,  Feudal,  of  every]  description,  with  all  their  incidents,  prohib- 
ited  

Term  of  office  of  Representatives 

of  Senators 

of  members  of  General  Assembly,  to  begin  on  day  of  their  elec- 
tion  

of  Governor 

of  Secretary  of  State 

of  Auditor  of  State ^ 

of  Treasurer  of  State 

of  Attorney-General 

of  appointees  by  Governor,  in  cases  where  no  other  method  of 

fillingvacancy  isprovidedby  Constitution  and  laws 

of  Judges  of  Supreme  Court 

of  Clerk  and  Reporter  of  Supreme  Court 

of  Judges  of  Circuit  Courts 

of  Circuit  Clerks 

of  Prosecuting  Attorneys 

of  Judges  of  County  Courts 

of  Judge  of  Pulaski  Chancery  Court 

of  Clerk  of  Pulaski  Chancery  C»urt 

of  county  officers 

of  State  Geologist 

to  continue  until  the  election  and  qualification  .of  successor 

of  officers  chosen  at  election  under  Schedule 

TerniB  of  Supreme  Court 

of  Circuit  Courts 

of  County    Courts 

of  Courts  of  Probate 

Teat,  Religious,  as  qualification  to  vote  or  hold  office,  prohibited 

Testator,  Competency,  in  certain  actions,  of  testimony  as  to  transactions 

with  or  statements  of 

Testtmontal  to  public  officer,  to  influence  his   official  action.  Offer  or  ac- 
ceptance of,  constitutes  felony 

Testimony  of  atheists  not  receivable  in  court 

of  parties  in  civil  actions 

of  executors,  administrators,  or  guardians,  in  actions  by  or 

against  them Sc  2  61 

But  see,  also.  Evidence. 

2%0MffA<«,  Right  to  free  communication  of 2  6  3 

lockets.  Excursion  and  commutation,  may  be  issued,  by  railroads,  at 

special  rates 17  3  48 

Tie,  Case  of.  in  elections  for  officers  of  Executive  Department 6  3  17 

I'itU  to  lands  in  this  State,  exclusively  allodial 2  28  7 

No  law  to  be  revived,  amended,  or  its  provisions  extended  or 

conferred,  by  mere  reference  to  its 5  23  14 

to  real  estate,  Courts  of  Common  Pleas  not  to  be  vested  with 

jurisdiction  in  matters  involving 7  32  28 

to  land,  Jurisdiction  prohibited  to  Justices  of  the  Peace,  where 

involved 7  40  30 

Totons,  General  Assembly  to  provide,  by  general  laws,  for  organization 

of ; 12  3  41 

General  Assembly  to   provide,   by  general  laws,  for  specified 

restrictions  of  powers  of. 

Restrictions  upon  powers  of  taxation  and  assessment  by 

Restrictions  upon  powers  of  borrowing  money  and  contracting 

debts  by 

forbidden  to  pass  laws  contrary  to  the  general  laws  of  the  State 

not  to  become  stockholders  in  any  corporation,  etc 

not  to  appropriate  any  money  for,  or  loan  credit  to,  any  corpor- 
ation, individual,  etc 

Assumption  of  liabilities  of,  by  the  State 

never  to  loan  credit  for  any  purpose 

to  issue  no  interest-bearing  evidences  of  indebtednesi,  except 
bonds  authorized  by  law  to  provide  for  and  secure  payment  of 
indebtedness  existing  at  date  of  adoption  of  Constitution 


7 

51 

32 

2 

28 

7 

2 

28 

7 

5 

2 

10 

5 

3 

10 

5 

16 

12 

6 

1 

16 

6 

1 

16 

6 

1 

16 

6 

1 

16 

6 

1 

16 

6 

23 

21 

7 

6 

23 

7 

7 

23 

7 

17 

25 

7 

19 

25 

7 

24 

26 

7 

29 

2T 

7 

44 

80 

7 

44 

30 

7 

46 

31 

10 

2 

40 

19 

5 

56 

Sc 

26 

67 

7 

8 

23 

7 

12 

24 

7 

31 

28 

7 

34 

28 

2 

26 

6 

Sc 

2 

61 

5 

35 

16 

19 

1 

35 

Sc 

2 

61 

12 

3 

41 

12 

3,  4 

41 

12 

3.  5 

41 

12 

4 

41 

12 

5 

41 

12 

5 

41 

12 

12 

43 

16 

1 

46 

INDEX  TO  CONSTITUTION. 


Skc. 


!forona.  Assessments   on   real  property  for  local  improvements  in»  may 

be  authorized  by  General  Assembly 

Taxes  of,  in  what  funds  payable 

Orders  or  warrants  of,  receivable  for  corporation  taxes 

Right  of  citizens  to  institute  suit  for  general  protection  of  in- 
habitants against  enforcement  of  illegal  exactions 

Appeals  from  allowances  made  for  or  against 

Power  of  Supremo    Court  to  issue   writs    of  quo  warrasto  to 

officers  of 

Municipal  Corporation  Courts  of. 

Corporation  Courts  of.  Jurisdiction  of. 

See  Municipal  Corporations. 
Toien  and  township  officers : 

[The  entries  under  this  head  include  all  those  where  "town" 

or  "township"  officers  are  tpecifieally  referred  to  under  that 

title.    For  provisions  applicable  to  «?i  officers.  Fee  Office, 

Offices,  and  Officers.    Those  applying  to  each  particular 

class  of  officers,  are  given  under  their  proper  heads  in  the 

Index.    See,  especially.  Municipal  hoards,  commissions,  and 

trusts,  Muuicipal  corporations,  and  Municipal  offices.      See, 

also.  Qualifications,  and  Disqudtifications.] 

Qmtested  elections. — In  all  cases  of  contested  elections  for  any 

county,  township,  or  municipal  office,  an  appeal  shall  lie,  at 

the  instance  of  the  party  aggrieved,  fromlan^  inferior  board, 

council,  or  tribunal,  to  the  Circuit  Court,  on  the  same  terms 

and  conditions  on  which  appeals  may  be  granted  to  Circuit 

Courts  in  other  cases;    and  on  such  appeals  the  case  shall  be 

tried  de  novo 

Vacancies  —All  vaca<icies  occurring  in  any  township  office,  to 
be  filled  by  special  election,  save,  that  in  case  of  vacancies  oc- 
curring in  county  or  township  offices  six  months,  and  in  oth- 
er offices  nine  months,  before  fthe  next  general  election,    such 

vacancies  shall  be  filled  by  appointment  by  the  Governor 

Residences.— All  district,  county,  and  township  officers,  shall  re- 
side within  their  respective  districts, counties,  and  townships.. 
Place  of  office. — All  district,  county,  and  township  officers  shall 
keep  their  offices  at  such  places,  therein,  as  are  now,  or  may 

hereafter  be.    required  by  law 

Compensation.— 1^0  officer  Of  this  State,  nor  of  any  county,  city, 
or  town,  shall  Beceive.  directly  or  indirectly,  for  salary,  fees, 
and  perquisites  more  than  five  thousand  dollars,  net  profit, 
per  annum,  in  par  funds;  and  any  and  all  sums  in  excess  of 
this  amount  shall  be  paid  into  the  State,  county,  city,  or  town 
treasury,  as  shall  hereafter  be  directed  by  appropriate  legis- 
lation  

First  election  for 

Transfer  of  obligations  or  liabilities  of  corporations,  held  or  owned  by 

State,    pjiohibited 

Transfers  of  stock  of  railroad,  canal,  and  turnpike  companies,  to  be  made 

at  their  principal  office  in  State 

IVoiisportation 

See.  also,  Railroads,  Canals,  Turnpikes,  and  Steamboats. 

Transportation  Companies,  Certain,  to  be  common  carriers 

Travellers,  Security  of  life,  health,  and  safety  of. 

Treason  against  the  State,  Definition  of. 

Requisites  to  conviction  of. 

Case  of,  constitutes  excQption  to  elector's  privilege  of  freedom 

from  arrest 

Case  of,  constitutes  exception  to  Senators'  and  Representatives' 

privilege  of  freedom  from  arrest 

Case  of.  constitutes  exception  to  privilege  of  volunteers  and 

militia  from  arrest,  at  musters,  etc 

Case  of,  an  exception  to  Governor's  unconditional  power  to 
grant   repriatves,   commutations  of  sentence,    and  pardons, 

after  conviction 

Governor  to  have  power,  by  and  with  advice  and  consent  of 

Senate,  to  grant  reprieves  and  pardons  in  cases  of 

Qovegbor  may,  in  the  recess  of  the  Senate,  respite  sentence  for, 
until  adjournment  of  next  regular  session  of  General  Assem- 
bly  


Paok. 


19 

27 

60 

16 

10 

47 

16 

10 

47 

16 

13 

48 

7 

51 

32 

7 

5 

23 

7 

1 

22 

7 

1.43 

22.30 

19 

23 

59 

Sc 

3 

61 

,12 

33,12 

15.48 

17 

2 

48 

17 

1,3,6,7.10 

48;49,50 

17 

1 

48 

19 

18 

58 

2 

14 

4 

2 

14 

5 

3 

4 

8 

5 

15 

12 

11 

3 

40 

6 

18 

20 

6 

18 

20 

INDEX  TO  CONSTITUTION. 


Sec.       Page. 


Treasurer  of  State  a,n  officer  of  Executive  Department 

how  chosen .^ 

Returns  of  election  of. 

Contested  elections  for 

Case  of   tie  in  elections  for 

Term  of  office  of. 

Salary  of,  etc 

Salary  of,  during  two  years  from  adoption  of  Constitution 

Vacancy  in  office  of 

liable  to  impeachment 

how  removable  upon   address 

ineligible  to  seat  in  either  house  of  General  Assembly 

to  hold  no  office  or  commission,  civil  or  military,  in  this,  or  un- 
der any.  State,  or  U.  S.,  or  any  other  power,  at  one  and  same 
time 

to  keep  his  office,  in  person,  at  seat  of  government 

to  perform  such  duties  as  may  be  prescribed  by  law 

Publication  of  receipts  and  expenditures  of  public  money 

Contracts  for  stationery,  paper,  fuel,  printing,  and  binding,  for 
State  government,  distribution  of  laws  and  public  docu- 
ments, and  repairing  and  furnishing  halls  and  rooms  of  Gene- 
ral Assembly,  to  be  subject  to  approval  of. 

Auditor  to  draw  warrant  upon,  to  defray  expenses  of  election 
under  Schedule 

First  election  for 

chosen  at  first  election.  Return  and  announcement  of  election 
of. 

first  elected,  when  to  enter  upon  discharge  of  his  duties 

Treasurers  of  Counties,  Election  of. 

Term  of  office  of. 

Duties  of. 

to  be,  ex-officio,  treasurers  of  the  common-school  fund  of  the 

county 

Treasury  of  the  State,  Money  not  to  be  drawn  from,  except  in  pursuance 
of  specific  appropriation  by  law,  made  in  manner  specified 

Moneys  not  to  be  paid  out  of,  except  in  accordance  with  appro- 
priations bylaw 

Obligations  or  liabilities  of  railroad  or  other  corporations,  held 
or  owned  by  State,  not  to  be  released  except  by  payment 
thereof  into 

Fees,  costs,  and  perquisites  of  office,  payable  for  services  per- 
formed by  State  officers.  Prosecuting  Attorneys  excepted,  to 
be  paid  into,  in  advance 

All  officers  to  pay  into,  all  sums  by  them  received,  in  excess  of 
five  thousand  dollars  net  profit,  per  annum,  in  par  funds 

Publication  of  receipts  and  expenditures  in 

Treasury  icarrants,  interest-bearing.  State  never  to  issue 

Trial  ly  jury.  Eight  of. 

to  extend  to  all  oases  at  law,  without  regard  to  amount  in  con- 
troversy  

may  be  waived  by  the  parties 

Accused  entitled  to,  in  criminal  prosecutions 

to  ascertain  amount  of  compensation  for  property  or  right  of 
way  appropriated  to  use  of  corporations 

in  question  of  parallelism  or  competition  of  lines  of  railroads 

or  canals , 

See  Jury. 
Trial,  Second,  of  accused,  whore  jury  divide  in  opinion 

in  criminal  prosecutions,  Division  of  opinion  of  jury,  in 

of  appeals  to  Circuit  Court,  from  allowances  made  for  or  against 
counties,  cities,  or  towns,  to  be  de  novo 

of  appeals  to  Circuit  Court  in  contested  cases  for  county,  town- 
ship, or  municipal  offices,  to  be  de  novo 

Trust,  Offices  of— ace  Office,  and  Offices. 
Trustees  of  express  trusts.  Homesteads  subject  to  seizure  under  judgments 

for  money  due  from,  in  their   fiduciary  capacity 

Trusts,  Municipal,  Members  of,  aldermen  not  included,  disqualified  for 
service  as  officers  of  election 

22 


6 

1 

16 

6 

S 

16 

6 

3 

16 

6 

4 

17 

6 

3 

17 

6 

1 

16 

19,  So 

11,28 

56,  67 

Sc 

28 

67 

6 

22 

21 

15 

1 

45 

15 

3 

45 

5 

7 

11 

6 

22 

21 

6 

1 

16 

6 

22 

21 

19 

12 

57 

Sc 

27 

67 

Sc 

3 

61 

Sc 

17 

64 

Sc 

17 

65 

7 

46 

31 

7 

46 

31 

7 

46 

31 

7 

46 

31 

5 

29 

15 

16 

12 

48 

5,12 


33,12 


15,  4S 


19 

23 

59 

19 

12 

57 

16 

1 

46 

2 

7 

3 

2 

7 

3 

2 

7 

3 

2 

10 

4 

12 

9 

42 

17 

4 

49 

2 

8 

3 

2 

8 

3 

7 

51 

32 

7 

52 

32 

9 

3 

3» 

3 

10 

8 

INDEX  TO  CONSTITUTION. 


Turnpike  companies ■. 

to  maintain  one  oflSce  in  the   State,  where  transfers  of  stock 
shall  be  made 

Books  of,  to  be  kept  at  office,  for  inspection  of  stockholders 
and  creditors 

Books  of,   to   show   ownership,    amounts,    and  transfers,    of 
stock,  and  names  and  places  of  residence  of  officers 

Laws  to  be  passed  to  correct  abases,  and  to  prevent  unjust  dis- 
crimination, and  excessive  charges,  by,  etc 

See,  also.  Corporations, 
Turnpikes 

to  be  public  highways 

Equal  right  of  all  individuals ,  corporations,  etc. ,  to  transporta- 
tion of  persons  and  property  over 

Undue  or  unreasonable  discrimination  in  charges,  and  in  facili- 
ties of  transportation,  upon,  prohibited 


r. 

Skc. 

Pack. 

17 

48 

17 

2 

48 

17 

2 

48 

17 

2 

48 

17 

10 

50 

17 

48 

17 

1 

48 

17 

3 

48 

17 

3 

48 

u. 


Unconstitutionallaws  to  be  void 2 

United   States,  Office,  appointment,  or  employment,  under,  disqualifies 

for  service  as  officer  of  election 3 

Militia,  etc,  called  into  actual  service  of,  not  commanded  in 

chief  by  Governor 6 

office  or  commission.    Treasurer,  Secretary,    and  Auditor,   of 

State,  and  Attorney  General,   prohibited  from  holding. 6 

Enumeration  of  inhabitants  by 8 

Absence  on  business  of,  to  cause  no  forfeiture  of  residence 19 

Army  and  Navy  of—seeArmy,  and  Navy,  respectively. 
Universities,  Funds   for     benefit  of,  not  to  be  used  for  other  than  their 

proper  purpose 14  2 

Unsealed  instruments,  concerning  contracts  between  individuals,  executed 

since  adoption  of  Constitution  of  1868,  Rule  respecting Sc  1 

Usury 19  13 


v. 


29 

7 

10 

8 

G 

17 

22 
1,2.4 

21 

33,31,37 

56 

Vacancies  in  General  Assembly,  Governor  to  issue  writs  lof  election  to 

fill 5  6  10 

Vacancy  \n  office  of  Governor,  how  filled 5,-3      IS,— 12,  13,18 

13,14 
concurrent,  in  offices  of  Governor  and  President  of  Senate,  Case 

of 6  13  18 

in  office  of  Governor,  not  happening  within  twelve  months  next 
before  expiration  of  term  of  office    for   which   he   shall  have 

been  elected.  Case  of 6  14  18 

in  position  of  presiding  officer  of  either  house  of  General  Assem- 
bly, to  be   filled  by,  election 5  18  13 

in  office  of  Treasurer,  Secretary,  or  Auditor,  of  State, or  of  At- 
torney General,  Governor  to  fill  by  appointment 6  22  21 

in  certain  offices  provided  for  in  Art.  VII  of  Constitution  [i.  e., 

judicial  officers,  and  officers  of  courts] 7  50  31 

in  county  and  township  offices 7  50  31 

in  office,  in  case  no  mode  is  provided. by  Constitution  and  laws, 

for  filling  the  same,  to  be  filled  by  appointment  of  Governor...  6  23       ■    •     21 

in  office,  Persons  appointed  to  fill,    must  possess   qualifications 

of  electors 19  3  55 

in  State  Board  of  Supervisors  of  Election  under  Schedule Sc  7  62 

Vacating  of  roads,  streets,  or  alleys,  not  to  be  eflfected  by  local  or  special 

law 5  24  14 

Vagrants,  County  Courts  to  have  exclusive  original  jurisdiction  in  mat- 
ters relating    to 7  28  27 

FaJwation  of  property.  Assessors  to  receive  no  per  centum  upon 7  46  31 

of  property  or  right  of  way   appropriated   to   use  of  corpora- 
tions   12  9  42 

Uniform,  of  property,  for  purpose  of  taxation 16  5  47 


INDEX  TO  CONSTITUTION. 


5 

35 

16 

2 

10 

4 

5 

24 

14 

2 

10 

4 

6 

15 

19 

6 

16 

20 

6 

17 

20 

14 

1 

44 

10 

7 

56 

3 

12 

9 

5 

14 

12 

11 

2 

40 

11 

3 

40 

Aet. 
Value,  to  influence  action^of    public  officer,  OflFer  or  acceptance  'of,  con- 
stitutes felony 

Venue  in  criminal, prosecutions 

in  criminal  cases,  not  to  be  changed  by.locaVor. special  law 

Change  of,    in  criminal  prosecutions 

Feto  of  bills 

of  joint  and  concurrent  orders  and  resolutions 

of  items  of  bills  making  appropriations 

For  full  digest  upon  this  subject,  see  under   principal  head 
of     Gkneral   Assembly,  sub-head     oi      Vetoes,    special 
paging  (6.) 
Fio?e»ce,'Powor"of  each  house  of  General.Assembly 'to  protect   its   mem- 
bers against 

Firtwe  a  safeguard  of  liberty  and  bulwark^  of  Lfree  and  good  govern- 
ment  

Fm78,  Absence  on,  to  cause  no  forfeiture  >f  residence 

Viva  voce.  All  elections  by  persons  acting.inlrepresentative  capacity  to 

be 

Elections  of  officers,  in  General  Assembly,  to  be 

Volunteer  companies  of  militia 

Volunteers,  Privilege  of.  from  arrest 

Vote,    Voters,  and   Voting— soe  Elections. 

Votes,  in  General  Assembly,  requiring  other  than  a  majority  ov  a 

QUORUM,   OF    either  OR  BOTH  HOUSES  : 

;JL.  Propositions  requiring  concurrence  of  less  than  a  majority  of  a  quorum 
of  either   house: 

a.  Number  of  members  of  either  house,  smaller  Jhan  a  quorum, 
may  adjourn  from  day  to  day 5  11  11 

6.  Number  of  members  of  either  house,  smaller  Jhan. a' quorum, 
may  compel  the  attendance  of  absent  members,  in  such  man- 
ner and  under  such  penalties,  as  each  house  _shall.  pro- 
vide   5  11  11 

c.  The  yeaifi  and  nays,  on  any  question,  at.the'dcsire  of  ,^»e'mem- 
bers,  to  be  entered  on  the  journals 5  12  12 

2.  Propositions  requiring  concurrence'^of  a~  majority   of  all   the  members 
elected  to  each  house: 

a.  Passage,  over  veto,  of  bill  returned  by  the  Governor,  with  his 

objections 6  15  19 

b.  Passage,  ovorveto,  of  joint  or  concurrent'order  orresolution, 

returned  by  the  Governor,  with  his  objections 6  16  20 

c.  Passage,  over  veto,  of  item  or  items, ^returned  by  the.Gover- 
nor,  with  his  objections,  of  appropriation  bill  embracingdis- 

tinct  items 6  17  20 

d.  Proposed  amendments  to  Constitution 19  22  59 

3.  Proposition  requiring  concurrence  of  a  majority  of  all  the  members  elected 

to  the  two  houses : 
Election,  in  joint  session  of  the  two  .houses,  of  Governor,  Sec- 
jl   ..  ,          retary  of  State,  Treasurer  of  State,  Auditor  of  State,  or  At- 
torney General,  in  case  of  tie  in  popular. vote 6  3  17 

4.  PropositionsZ  requiring  the  concurrence  of  two-thirds  of  either  house : 

a.  Expulsion  of  a 'member 5  12  11 

b.  Suspension  of  the  rules  in  order  to  enable  a'bill  to  be  read  a 

second  or  third  time  on  same'^day 5  22  13 

c.  Conviction,  '.by  the  Senate  sitting'as  a  court _of  impeach- 

i;^^    ment* 15  2 

5.  Propositions  requiring  the  concurrence  of  two-thirds   of  each  house: 

(1)  Allowance  of  State  tax,  or  (2)  appropriation  of  money,  except 
to  raise  means  (a)  for  the  payment  of  the  just  debts  of  the 
State,  (6)  for  defraying  the  hecessary  expenses  of.government, 
(c)  to  sustain  common  schools,  (d)  to  repel  invasion, 'and. (e) 
suppress  insurrection 5  31  15 

*The  Editor  does  not  undertake  to  decide  whether,  in  this  case,  the  affirmative  vote  of  two-thirds  of 
the  Senators  present,  only,  or  of  two-thirds  of  all  the  members  elected  to  the  Senate,  is  required,  in  order 
to  conviction.  The  language  of  the  Constitution  is  :  "No  person  shall  be".convicted.without..tl:e  ccr- 
currence  of  two-thirds  of  the  members  thereof." 


INDEX  TO  CONSTITUTION. 


6.  Propositions  requiring' the  concurrence  of  two-thirds  of  all  the  members 
elected  to  each  house  : 

a.  Extension  of  biennial  session  ^beyond  sixty  days '  («a;cept 
(1)  at  first  session  under  this  Constitution,  and.; (2) 'when' im- 
peachments are  pending) 

b.  Allowance  of  extra  compensation  to  .any  .oificer,  agent,  em- 
.  ploye,  or  contractor,  after  tho^service  shall^have  been  ren- 
dered, or  the  contract  made 

f"  .  c.  Appropriation  or  payment  of  .money,  on  any.;claimthelsub- 
ject-matter  of  which  shall  not  have'been  provided  for  by. pre- 
existing laws 

d.  Extension  of  extraordinary  session. (such.extension  in  no 
case  to  exceed  fifteen  .days)  after  disposal  of  business  set 
forth  in  Governor's  proclamation  convening  .the  same 

e.  Joint  address  of  the  two  houses,  to  the  Governor,  for  the  re- 
moval of  Auditor,  Treasurer,.Secretary  of  ..State,  I  Attorney 
General,  Judges  of  the  Supreme  or  Circuit  Courts,  Chancel- 
lors, or  Prosecuting  Attorneys 

Vouehera  relating  to  ofiicial  acts  and  proceedings  of  Governor,  to  be 
laid,  when  so  required,  before  either  .branch  of  the  General 


Art.  Sec.        Pagf 


W. 


2 

14 

4 

2 

27 

7 

So 

2 

CI 

2 

15 

5 

16 

1 

46 

16 

10 

47 

12 

8 

42 

12 

9 

42 

12 

12 

43 

9 

6,10 

38,39 

Watcerlof. "trial  byjury,  by  consent  of  parties 

War,  Offences  arising  in  militia  in  actual  service  in  time  of,  or  of  public 

danger 

Levying  of,  againsttho, State,  to  constitute. treason 

time  of.  Quartering  of  soldiers  in 

Ward,  Competency,    in   certain   actions,  of  testimony   as  to    transac- 
tions with  or  statements  of. 

Warrant  for  search  or  seizure.  Conditions  of  issue  of. 

Warrantt,  treasury.  Interest-bearing, ^Statelnever.to  issue 

of  counties,  townsland  cities,  receivable  for  '  taxes ,,  thereof ,  re- 
spectively  

Watering  of  stock  of  private>orporations,' prohibited _^ 

Way,  right  of.  Appropriation  of.  to  use  'of  corporations 

Welfare,  public.  State  may  contract  debts  to  provide  'for 

Wiidoio,  Homestead  exemption  for  benefit  of. 

Wills,  Jurisdiction  in  matters  relative  to  probate  of,  vested  in   Courts  of 

Probate 1  7  34  28 

Witness  against  one's  self  in  criminal  cases,  No  person  to   be  'compelled 

to  be 2  8  3 

No  person  to  be  rendered  incompetent  as,*  on"  account*  of  his 

religious  belief 2  26  6 

Wit»e8«e8  not  to  "be  unreasonably  detained 2  9  __,    4 

adverse,  Right'of  accused  to  be  confronted' with ;  2  10  4 

Right'of  accused  to'compulsory,.  process  for 2  10  4 

Two,  requisite' to  overt  act,  in  cases  of  treason 2  14  5 

Election  ofiBcers  summoned  as,  injudicial  proceedings,  or  pro- 
ceedings to  contest  an  election,  may  be 'required   to  disclose 

how  an   elector  voted 3  3  8 

in  trials  of  contested  elections,  and   proceedings 'for'investiga- 

tion  of  elections.  Rule  as  to'self-crimination  of,  etc 

Atheists  disqualified  to  serve  as ] 

_^Competency  of,'in  civil  actions ,.«i»«. 

Worship,  Liberty  of. .....T.....7....... 

No  preference  ever  to  be  given.'by  law,  to  any  mode'of 

None  rightfully  compellable  to  attend,  erect,  or  support,   any 

f      ' '    place   of. 

'         '       public,  Each  religious  denomination  to  be  protected  in  peacea-     ^ 

ble:enjoyment"of  its  own  mode    of. 

Writs  of  certiorari , ^ 

of  error .^i 

of  habeas  corpus '■ 

of  habeas  corpus,   Suspensionlof. 

of  injunction 

of    mandamus ; j_«j 

ProTisional 


3 

9 

8 

19 

::     1 

55 

Re 

2 

61 

^2" 

24,25 

"""    6 

2 

24 

6 

2 

24 

6 

(ps- 

2 

:•          25      J 

'j     '6 

7 

4 

22 

"  7 

4 

"       22 

7.7 

11,4,37 

4,22,29 

2 

11 

29 

7 

37 

29 

7 

4 

22 

7 

37     a 

29 

INDEX  TO  CONSTITUTION.  ccxi 


Writs  of  Quo-warranto 

of  prohibition 

Remedial 

of  supersedeas 

Style  of. 

of  election  to  fill  vacancies  in  General  Assembly,  Governor  to 
issue 

Supreme  Court,  in  aid  of  its  appellate  and  supervisory  jurisdic- 
tion, may  issue,  of  error,  supersedeas,  certiorari,  habeas  cor- 
pus, prohibition,  mandamus,  quo-warranto,  and  others,  of  a 
remedial  nature,  and  may  hear  and  determine  the  same 

to  be  issued,  heard,  and  determined  by  Circuit   Courts 

Power  of  County  Judge  to  issue,  in   absence,   from  county,    of 

Circuit  Judge 

Writing,  Liberty   of 

Wrongs,  Right  to  remedy  for..... 


Y. 


Art. 

Sec. 

Page. 

4,5 

22,23 

4 

22 

4 

22 

4 

22 

49 

31 

5 

6 

10 

7 

4 

22 

7 

14 

24 

7 

37 

29 

2 

6 

3 

2 

13 

4 

Yeas  and  Nays,  at  desire  of  five  members  of  either  house  of  General  As- 
sembly, to  be  entered  on  the  journals 5  12  12 

on  final  passage  of  bills,  to  be  taken,  and  recorded  on  journ-     • 

al 5  22  13 

upon  passage  of  bills  returned,  by  Governor,  disapproved,  to  be 
entered  on  journals 6  15  19 

Votes  of  both  houses  of  General  Assembly,  on  bills  returned,  by 
Governor,  disa,pproved,  to  be  determined  by 6  15  19 

upon  passage  of  joint  and  concurrent  orders  or  resolutions, 
returned  by  Governor,  disapproved,  to  be  entered  on  journ- 
als   6  16  20 

upon  passage  of  items,  returned  by  Governor,  disapproved,  of 
appropriation  bills,  to  be  entered  on  journals 6  17  20 

on  proposed  amendments  to  the  Constitution,  agreed  to  by  a 
majority  of  all  members  elected  to  each  house,  to  be  entered 
on  journals 19  22  59 


APPORTIONMENT  TO  SENATORIAL  DISTRICTS. 
APPORTIONMENT  OF  COUNTIES 

TO 

SENATORIAL  DISTRICTS, 

AS  PRESCRIBED  UNTII^  AFTER  THE  UNITED  STATES  CENSUS  OF  1880. 


COUNTY. 

DISTRICT. 

COUNTY. 

DISTRICT. 

13th. 
17th.* 
23d. 
24th. 

3d. 
18th. 
19th. 

3d. 
15th. 
30th. 

1st. 
21st. 
26th. 

Ist. 
25th. 

7th. 

7th. 
16th. 
15th. 
16th. 
17th. 
27th. 
25th. 
23d. 

9th. 

9th. 

1st. 
20th. 

9th. 
22d. 

6th. 
23d. 
29th. 

nth. 

4th. 
21st. 
2d. 

Lee 

Ashley 

Lincoln 

16th 

22d. 

Sth. 
12th. 
24th. 
23d. 
21st.] 
29th. 
13th. 
30th. 
20th. 

3d. 
19th. 
10th. 
14th. 
30th. 
29th. 
22d. 

4th. 
12th. 
10th. 

2d. 

9th. 

7th. 
26th. 
28th. 
22d. 
28th. 

2d. 

6th. 
18th. 
26th 

[MlLLEEl 

Claek 

CLAYt 

Monroe 

Conway 

Newton 

Pike 

Poinsett 

DORSBY 

Pope    

Dkkw 

Prairie 

Faulkner         ' 

Pulaski 

Fulton 

Saline 

Garland 

St  Francis 

Grant  

Searcy 

Greene 

Hempstead 

Sebastian 

Sevier 

Scott 

Sharp 

Howard 

Independence 

Stone    

Jackson 

Van  Buren 

5th. 

White 

27  th. 

7th. 

Lawrence 

Yell 

8th. 

*For  list  of  Senatorial  Districts,  reciting  the  counties  composing  each,  see  Constitution,  Art.  VIII, 
Sec.  2,  p.  35. 

tName  changed  from  that  of  Clayton  County,  by  Act  of  General  Assembly,  approved  December  6th, 
1875. 

JName  changed  from  that  of  Sarber  County,  by  Act  of  General  Assembly,  approved  December  14th, 
1875. 

ICreated  by  Act  of  General  Assembly,  approved  December  22d,  1874,  and  therein  assigned  to  the 
Twenty-firstlSenatorial  District. 


APPORTIONMENT  TO  JUDICIAL  CIRCUITS. 


CCXlll 


APPORTIONMENT  OF  COUNTIES 

TO 

JUDICIAL  CIRCUITS, 

AS  PRESCRIBED  UNTIL  OTHERWISE  PROVIDED  BY  THE  GENERAL  ASSEMBLY. 


•COUNTY. 

CIRCUIT, 

COUNTY. 

CIRCUIT. 

11th. 
10th. 

3d. 

4th. 

4th. 
10th, 

9th. 

4th, 
10th. 

8th. 

2d. 

9th. 

7th. 

2d. 

5th. 

2d. 

2d. 
10th. 

nth. 

10th. 
10th. 

6th. 

5th. 

3d. 

7th. 

7th. 

2d. 

9th. 

7th. 

8th. 

3d. 

3d. 

3d. 

nth. 

5th. 
9th. 
3d. 

Lee 

1st. 

nth. 

8th. 
5fh. 
6  th 

Boone 

Lonoke 

4th. 

4th. 

9th.] 

2d. 

1st. 

[Miller] .    ... 

Claek 

CLAYt 

Montgomery 

8th. 
9th. 
4th. 
9th. 
7th. 
1st. 
8th. 
2d. 
8th. 
5th 

Ouachita 

Crittenden 

Phillips 

PiKK          

Cross 

Dallas  

Poinsett         ,,. 

Desha 

Polk 

Dorset 

Pope 

Drew 

1st. 
6th. 
2d. 
7th. 
1st. 
4th. 

5th:^ 

8th. 
8th. 
3d. 
3d. 
9th. 
6th. 
4th 

Faulkner 

Franklin 

Randolph 

Fulton 

Saline 

Garland 

Grant 

Searcy 

Greene 

Sfbastian 

Hempstead 

Hot  Spring 

Scott 

Howard 

Independence 

Izard 

Jackson 

VanBuren 

Washington 

Jefferson 

Johnson  

White 

1st 

Lafayette ; 

1st. 
5th. 

Lawrence 

Yell 

*For  list  of  Judicial  Circuits,  reciting  the  counties  composing  each,  see  Constitution, Art.  XVIII, 
p.  51. 

tName  changed  from  that  of  Clayton  County;  by  Act  of  General  Assembly,  approved  December  6th, 
1875. 

tName  changed  from  that  of  Sarber  County;  by  Act  of  General  Assembly,  approved  December  14th, 
1875. 

ICreated.by  Act  of  General  Assembly,  approved  December  22d.  1874,  and  therein  assigned  to  the  Ninth 
Judicial  Circuit. 


RETURN  TO  the  circulation  desk  ot  any 
University  of  California  Library 
or  to  the 
NORTHERN  REGIONAL  LIBRARY  FACILITY 
BIdg.  400,  Richmond  Field  Station 
University  of  California 
Richmond,  CA  94804-4698 

ALL  BOOKS  MAY  BE  RECALLED  AFTER  7  DAYS 

•  2-month  loans  may  be  renewed  by  calling 
(510)642-6753 

•  1-year  loans  may  be  recharged  by  bringing 
books  to  NRLF 

•  Renewals  and  recharges  may  be  made  4 
days  prior  to  due  date, 

DUE  AS  STAMPED  BELOW 


E[  111997 


12,000(11/95) 


Vu  08538 


.v-^  % 


'^l  "^'^ 


} 


-^1 


fc: 


,s:>P^?^i^^|> 


■^ 


